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Asked about 1 year ago - Quincy, MA
FlagI rent and our basement flooded because of a failing pump. I suffered damage and loss that I don't believe is my responsibility. I don't want to go through my renters insurance, but can I argue that my landlords should cover the cost, or go through their home owners insurance, since it was their pump that malfunctioned? I pay my rent on time every month, am I also expected to pay a deductable on top of that for damage that was out of my control?
The ability to sue your landlord would have some relation to the landlord's negligence (or lack of it.)
Sometimes things just break. The landlord has an obligation to fix the home, but they aren't usually responsible for ordinary happenstance. If the pump was fairly new and had been maintained properly, it will be more difficult to claim against the landlord.
However, the landlord can still be liable. If they knew or should have known about a faulty pump then they may have been negligent in failing to address it. If the landlord is negligent then you can usually recover damages caused by the negligence.
You should contact an attorney for further details.
You indicate the damage is the result of a "malfunctioning pump." This does not suggest that your landlord acted negligently and based on these few facts, it is doubtful you could collect anything directly from the landlord.
Regarding insurance, the landlord's policy will generally cover damage to landlord's property; your renter's insurance will cover your damaged items. This situation is the exact reason renters are wise to get their own policy. Document your damages and costs for replacement and make a claim with your own carrier. They will likely be quite responsive. You can always ask your landlord to pay your deductible, even though there doesn't appear to be any obligation to do so. If you are the tenant you say you are, the landlord may be willing to work something out with you. I suspect that the cost of bringing suit against your landlord for your damages would be more than your deductible, and, as I mentioned above, it is uncertain whether you would be successful. This is why it seems to me based on your description, it would be the simplest, cheapest, and quickest method to go ahead and work with your own insurance despite the cost. Good luck.
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