What are our rights regarding water damage in out rental?
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What are our rights regarding water damage in out rental?
I have renter’s insurance. I had water damage that occurred from a water heater leak in the upper unit. I didnt think to ask my insurance company but told my landlord that water got into my storage and damaged most of my stuff. She just ignored me for months. Everything had mold so we threw it away. The second time the apartment installed a new sprinkler system and it started spraying water all over our storage door and water got into the sides and bottom. Our renter’s insurance wouldn’t cover anything in my lease; it said they are not responsible for personal property. So I’m not sure how this is OK. I’ve lost thousands and had to get extra storage.
Asked on October 10, 2018 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
IF you can show that someone was actually "at fault" in causing either of the incidents of damage (for example: the upstairs neighbor negligently or carelessly did not notice and fix a leak which was in an area they could see, allowing damage to accumulate; the landlord's maintenance staff installed the sprinkler incorrectly or triggered it by mistake), you could sue that person or business for your losses. Someone who damages your property through negligence is responsible for the cost of the damage. The key is, you'd 1) have to sue them if they won't voluntarily pay; and 2) you'd have to be able to prove their fault in court. Fault is necessary for liability.
You should also double check what your policy says: if as you read it, your insurer should cover your personal property, you could sue your insurer for "breach of contract" (for not honoring their contractual obligations; an insurance policy is a contract) to force them to pay.
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