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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I have a rental property located in NJ. A water pipe was

Customer Question

I have a rental property located in NJ. A water pipe was broken today because of the cold weather. Who will be responsible for the water damage to the personal property inside the house? The tenant or me?
If the tenant has no renter insurance, should I allow them to claim for the damage under my home owner insurance policy for the said property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Generally, it would be up to the renter to obtain and maintain "renters" insurance policy and if the tenant does not have renters insurance, then the homeowner's policy would not cover any of the tenant's personal belongings and the landlord would not be generally liable for any damage / loss of the tenant's personal belongings due to a pipe that broke down due to cold.

I wish you the best of luck!

Customer: replied 1 year ago.
The spot where the water pipe was broken is actually located in an un-insulation area of the attic.
Although the pipe has been there for more than ten years without any problem, it did broke this time.
Given the fact that the pipe was not installed properly according to the building code, will the owner then be responsible for the water damage from the broken pipe.
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

Generally, if the pipe was not installed properly, then the owner would be considered legally negligent and liable for the tenant's personal belongings, however, the homeowner's insurance would generally cover damage to the real property that owner owns, but not the tenant's personal belongings.

I wish you the best of luck!