Any legal recourse?

I would take good videos and pictures of the place and do what you have to do. I've seen what mold and water can do sitting a few days and I wouldn't wait. Your cost to fix your house could go up quickly and I would be surprised with that damage if the renters stay anyway.
That is an issue between the renters and their insurance company and I would tell them to take it up with them. It is one thing to wait a day, but I wouldn't wait that long to gut mine and get it drying out.

quote:

---

Insurance company can't tell you what you can or can't do with your property. If your property needs to be cleaned up and restored then do it. It's the renter's job to document their damages and make the claim under their policy. Photos/videos/receipts should be sufficient, especially given these circumstances.

---

Yeah, but the insurance company also likes to send its own folks/investigators/adjusters to inspect and take photos to so they can write estimates

I agree. And in my experience as a contractor working with insurance companies, it's in the best interest of your tenant's also. I've had more trouble getting the full amount out of those that insist on coming. It is a cost saving measure for the insurance company.

I'm not offering legal advice (just to be clear), but my leases are written in a way that should there be some sort of damage to the property (a sink or bathtub running over, a range fire, etc.), all I have to do is give written notice to the tenant. They're given the option of walking through with me so that an inspection can be performed, or after 24 hours, I can legally go in, no matter what, to inspect the property.

As far as suing the insurance company, I don't know about that. I haven't dealt with this exact situation before. But I'm not aware that they have the legal right to bar you from your property anyway. Do you have some sort of written correspondence from this insurance company? The lease agreement is between you and the tenant. What does your lease say about how and when you can enter the property?

I assume the renter had flood contents coverage?

If it's 7 feet, it's going to be a very quick inspection for the renter's insurance. Likely they will just write a check for policy max and move on (this is what happened in Katrina in these situations).

The renter's insurance company can't override your rights as owner, and understand, those rights should be spelled out in the lease with the tenant. The only time in my life I rented a house, there was a clause that said in case of property damage, the owner had right to enter the house and begin repairs within 24 hours of safe entry.

I would go in with your tenant, have them take a ton of pictures and video of everything, take all the contents and put them on the front and back lawn, and get to work on gutting.

Thanks for the responses. Whether it was just dumb luck or my persuasive argument, I facilitated entry into the home to start demolition. There could be blow back later but I think I am in the clear. Thanks again.