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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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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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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