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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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We rent a property in Dupage County. It has a concrete basement

Customer Question

We rent a property in Dupage County. It has a concrete basement floor crawl area which also has the Sump-pump to drain water, etc... we use the crawl area for storage since it is concrete and dry. If the sump-pump that the LL installed is not able to keep up with the water coming into the holding tank that it pumps water out from and as a result the water backs up into the concrete crawl area and damages the boxes and items I had stored in that area do I have any legal repercussion with the LL to make him liable for the damage caused to my stored items?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
This is a tough question. Typically damages that you describe are covered by your own renter's insurance. Your best argument to claim that the landlord is responsible is if he knew that the pump was not sufficient and negligently failed to repair or replace the pump with a different pump that could handle the drainage. In that case, you can claim negligence and demand reimbursement, but I suspect that you would need to take the landlord to small claims court if he is otherwise refusing to cover damages. Just be aware that the burden is on you to show that the landlord knew that the pump was not sufficient and still chose to do nothing (if this was a freak storm and more volume came in than was expected, the landlord is generally not liable).
Dimitry, Esq.