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Can I sue my landlord for water damage to my mattress?

Bronx, NY |

My apartment got flooded because the toilet tank broke upstairs. It damaged a lot of things. all of my clothes got wet, some of my shoes were damaged, but my mattress was the worst. I asked the landlord for a month's rent to pay for the mattress; however, he refused, because he says I should have had renter's insurance. should I take it to small claims court?

Attorney Answers 3


  1. You can sue your landlord and the upstairs tenant if it is someone other than your landlord but you are not likely to win. Your lease probably has a provision saying the landlord is not liable and requiring you to have insurance. It may still be worth a shot in small claims court though since small claims court does not always follow the rules of evidence and they tend to try and get people to settle cases rather than go to trial.

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  2. Yes but you're not likely to prevail as there's likely a clause in your Lease requiring you carry renters insurance.

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  3. Yes, go to small claims court. Bring your lease and a copy of proof of damages when you appear in front of the arbitrator.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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