Renters' property damaged by water leak – who's responsible?

We would greatly appreciate your advice!

My husband and I just experienced apprx. $3,000 worth of property damage in our rental apartment due to a water leak. After a lot of rain, water poured through the ceiling fan/light fixture above our dining table and ruined the table, 6 dining chairs, as well as our apple laptop computer and ipod, as well as the hard wood floor in the area, which is now buckling.

The same leak had happened before and was "repaired" by our landlord. The leak did not come from a tenant (above us), but from the roof of the building itself.

Our landlord is saying this might fall under "act of God" (heavy rains).

Who is responsible for the property loss/damage? We do not have renters' insurance, and have sustained a lot of loss from this leak.

Heavy but normal rains are not an act of god and normally the building would be responsible...he is required to keep it in good condition

his insurer likely should pay

Hi I am currently suing my landlord for the same situation, except the water leaked from the tenant's bathroom above us. What was the outcome of your situation?

[Bricks41]

Originally Posted by Unregistered

Hi I am currently suing my landlord for the same situation, except the water leaked from the tenant's bathroom above us. What was the outcome of your situation?

Conisdering the flooding was due to the upstair neighbor, the owner should not be responsible. This is why people should carry renter's insurance. Same thing as if fire would rip through a complex. If it were accidental (child playing with matches as an example) it would be the company that you carry renter's insurance with that would pay to replace your belongings, not the owners of the building. Same thing if it were your neighbor's fault.

In the case of the waterleak relating to heavy rains, it would be potentially be an insurance claim through the owner's insurance if it was the result of negligence. I work for a Property Management Company by the way.