Recently my sink backed up into my apartment and flooded the floor of my unit. I was not home when it happened, but was able to easily and obviously trace the source of my flooded apartment to the kitchen sink. My management company will not pay for the damages and I don't have rental insurance. I took many photos and videos of the damage (thousands of dollars worth) and have very detailed... [more]
Recently my sink backed up into my apartment and flooded the floor of my unit. I was not home when it happened, but was able to easily and obviously trace the source of my flooded apartment to the kitchen sink. My management company will not pay for the damages and I don't have rental insurance. I took many photos and videos of the damage (thousands of dollars worth) and have very detailed documentation. A number of plumbers/supers have looked at the sink and haven't been able to determine exactly what happened, other than that water came up through the kitchen sink. By the time the Housing Inspector came everything had dried and conditions were obviously not the same (a person above me was no longer running a dishwasher? handwashing their dishes? etc?) so there were no violations found. Can I still take the Mgmt Company to small claims court or is it a lost cause? It seems that just because their insurance policy doesn't cover tenant's claims I should have to suck it up. (Yes, I know I should have had renter's insurance, but I didn't - I've learned that lesson and am trying to move on). Any advice would be greatly appreciated.
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Response by BrooklynNewbie
over 12 years ago
Posts: 70
Member since: Nov 2012
cbrewington, how did your situation work out?
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
Certainly you can take the landlord to Small Claims Court. The bar to filing a suit is low. You still have to prove it with the majority of the evidence. If the source is traced to the sink, it doesn't seem to be relevant why the sink had a problem. Just that it did and that' its the responsibility of the landlord (ie you didn't overflow the sink while you were passed out on the couch). As for the landlord having or not having insurance, that's irrelevant. They don't become more or less responsible because they do or dont have insurance coverage.
FYI the landlord is stonewalling you on payment possibly because you don't have renters insurance. Glad you are correcting that going forward, but what the landlord saw (in the past) was someone who isn't responsible enough to cover the basics and that marks you for someone easy to fight with or I ignore.
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Response by NYCMatt
over 12 years ago
Posts: 7523
Member since: May 2009
Good luck *proving* with photos after the fact that the sink actually backed up, rather than she fell asleep in a drunken stupor and let it overflow.
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Response by fieldschester
over 12 years ago
Posts: 3525
Member since: Jul 2013
>Good luck *proving*
Judges have a 6th sense about these things that they like to use to make judgments. Fortunately, 50% of the time, their 6th sense is correct.
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Response by NYCMatt
over 12 years ago
Posts: 7523
Member since: May 2009
"Hello, Your Honor. I was too stupid and cheap to get renter's insurance. I want new stuff and my landlord is rich and I'm not, so that's why I'm suing."
cbrewington, how did your situation work out?
Certainly you can take the landlord to Small Claims Court. The bar to filing a suit is low. You still have to prove it with the majority of the evidence. If the source is traced to the sink, it doesn't seem to be relevant why the sink had a problem. Just that it did and that' its the responsibility of the landlord (ie you didn't overflow the sink while you were passed out on the couch). As for the landlord having or not having insurance, that's irrelevant. They don't become more or less responsible because they do or dont have insurance coverage.
FYI the landlord is stonewalling you on payment possibly because you don't have renters insurance. Glad you are correcting that going forward, but what the landlord saw (in the past) was someone who isn't responsible enough to cover the basics and that marks you for someone easy to fight with or I ignore.
Good luck *proving* with photos after the fact that the sink actually backed up, rather than she fell asleep in a drunken stupor and let it overflow.
>Good luck *proving*
Judges have a 6th sense about these things that they like to use to make judgments. Fortunately, 50% of the time, their 6th sense is correct.
"Hello, Your Honor. I was too stupid and cheap to get renter's insurance. I want new stuff and my landlord is rich and I'm not, so that's why I'm suing."