I own my condo, my upstairs neighbor rents. He flooded both our apartments. Is he or his landlord responsible?

Question

I contacted the landlord and he said he would pay for my floors to be replaced, but would not pay for any personal property damaged, for example rugs, luggage, time off from work. He said by law his tenant should be responsible for all damages, but because neither of them have insurance, he would atleast fix my floors. Please advice, is the landlord responsible for fixing all units damaged by his tenants irresposibililty of leaving the water from the tub running while intoxicated?

Answer 1

sue everybody

Answer 2

The tenant is responsible...the only recourse you have is to take them to smal claims court if they have no insurance.  Where I live the Condo owners require that you provide them with a copy of proof of insurance.  Your insurance, if you have any, should cover you and then they go after the tenant.  It sounds as if you don't have insurance either.  Get some, it's inexpensive, mine only costs me $12.00/ month.

Answer 3

By law, the tenant is responsible in this situation.

In this case, the tenant was wreckless and negligent, hence causing the damage.

The only way the landlord can be responsible is if he knew there was a problem, eg a bursting pipe, and did not fix it and then it damaged the floor and your possessions.

Answer 4

The owner of the property is responsible.  If he chooses to be made whole by the renter that is his right and responsibility, not yours.  By the way your home owner policy should cover your damage and then they will sue the property owner to get reimbursed.  Good Luck.

Answer 5

If the tenant's irresponsibility of leaving the water flow in bathroom and flood the area, it's the tenants' fault. The LL only partially responsible because he rented to this tenant.  If both of them have no insurance, then you can claim your insurance.  They'll fix and compensate your damages. After all, your insurance company will decide whether to go after the LL and his tenant for the money. Leave the problem to your insurance company to deal with.

Answer 6

Hmmm, that's tricky because if something goes wrong with the apartment and it's not like cable or something then the landlord is responsible, but the guy did it...so, I don't know..maybe you could get a lawsuit on him..For your damanged property.