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

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?

Bronx, NY -

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Attorney Answers (3)

Richard J. Chertock

Richard J. Chertock

Landlord / Tenant Lawyer - Melville, NY
Answered

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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Jayson Lutzky

Jayson Lutzky

Divorce / Separation Lawyer - Bronx, NY
Answered

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

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George Costas Andriotis

George Costas Andriotis

Car / Auto Accident Lawyer - Tarpon Springs, FL
Answered

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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Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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