Is a tenant, in Seattle, liable to a Landlord for accidentally flooding the rental house?

My tenant flushed 3 tampons, thus clogging the toilet., She then failed to make sure the toilet flapper was in place to stop the toilet from running. The toilet to ran for 13 hours while she was away at work. The house flooded and about $20,000 damage was done. insurance covered most of the damage but I'd like my tenant to reimburse me for my $1000 deductible. I have photographic evidence to prove my case. I filled a claim against her Renters Ins. but my claim was denied. Do you think I have a chance of winning in small claims court? If I win, then her Ins Co will have to pay the judgement. I don't want to go through small claims if my chances are slim. also, If my tenant fails to show up in court, do I get a default judgement even in small claims court? Thanks!
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Answers (1)

Shawn B Alexander

Shawn B Alexander

Contributor Level 8
If your evidence is good and the rental agreement well hold her ( and her insurance company) responsable for damages then you can recover. However, bear in mind you will have to name the insurace comany and the tenant. This will be a huge pain and you should consult with a lawyer before starting, to get going on the right path.
Good Luck
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