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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33796
Experience:  15 years real estate, Realtor. Landlord 26 years
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I rent and my basement just flooded because the water heater

Customer Question

i rent and my basement just flooded because the water heater broke. Much of the stuff I stored down there is now destroyed. My landlord says nothing is her fault and she is paying to replace nothing
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: massachusetts
JA: Has any paperwork been filed?
Customer: what paperwork should i fille, she says she is not responsible for any of the damage and that should be coverered by renters insurance
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 26 days ago.
Category: Real Estate Law
Expert:  Barrister replied 26 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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The landlord is simply wrong here.. It is her water heater that has damaged your personal property. While this might not have been preventable, it is still the landlord's duty to make sure that their property doesn't damage your property.

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So you need to itemize and take photos of all damaged property and come up with a depreciated value for it.... not replacement value, as the landlord is not liable for that, but replacement value, like what you would buy it for used at a yard sale or second hand store.

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Then if the landlord won't compensate you for your loss, you can file a small claims court lawsuit against her for your damages up to $7,000 and don't need an attorney to represent you.

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thanks

Barrister