JACKSONVILLE, Fla. — When it's pouring down rain, it is not the Butcher Pen Creek that's sneaking into Valerie Schenker's home. The creek is in the backyard area.
Instead, the culprit makes it way in through the front and into her bedroom.
The Jacksonville renter at the Cove at Peninsula said the drains located in the front of her building do not drain.
When there is heavy rain, Schenker said the common area will flood and water will come into her apartment, under the door and through the walls.
"I pray quite a bit that it will be a light rain," Schenker said.
The tenant showed First Coast News the damage from the recent flooding.
The carpet in the bedroom was peeled back to reveal a black substance. She said her room reeked of mold and mildew, so she doesn't sleep there any more.
Schenker mentioned that her home has been flooded four times, and she's lived in the apartment complex for two years.
"It's not what you want to come home from, especially on a Monday," Schenker smirked.
She wants to stay at the Cove at Peninsula, but not in the apartment she's living in. Schenker said living in that specific apartment is a risk to her belongings and her health.
She told First Coast News that no one from management stepped foot in her apartment to see the damages themselves. With her lease up in a month, she said management offered to relocate her, but she would have to pay more in rent.
"When I move out, what's to say the next person won't have the same issue?" Schenker asked.
First Coast News reached out to the apartment complex via e-mail, asking for an explanation. However, no one responded. FCN plans to follow up again.
In the meantime, First Coast News reached out to Zach Roth, a board certified real estate attorney. He offered input pointing to "Fla. Stat. Sec. 83.51(1)(a). It requires Landlords to comply with all applicable building, housing and health codes. Roth said "there may be a code provision relating to the prevention of water intrusion from flooding into occupied units. Even if there is not, Fla. Stat. Sec. 83.51(1)(b) requires maintenance of floors in cold repair by the landlord."
In a statement, he wrote to First Coast News:
"Aside from these statutes, the terms of the lease may contain provisions relevant to these issues. They could be under the form of maintenance provisions in terms of responsibility or casualty provisions regarding how damage to the unit is handled. These provisions would control, regardless of whether the landlord originally executed the lease or acquired the property later. The responsibilities of each party under the lease would most likely not be impacted by whether a landlord who acquires a property subject to a lease receives condition reports as part of the purchase. Absent a provision in the lease, a tenant does not become responsible for maintenance requirements of the landlord by virtue of a new landlord acquiring the property.
In terms of rights and remedies relative to damages, relocation, or rent abatement, the terms of the lease, in conjunction with Chapter 83, Part II of the Florida Statutes, would control."
Schenker is, however, considering leaving her apartment all together. Click here for more information if you're experiencing something similar.