CanI sue my parents landlord for compensation of my lost items due to damages?
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CanI sue my parents landlord for compensation of my lost items due to damages?
I have lost about $200 in clothing and $100 in electronics due to my parent’s landlord’s negligence to fix a pipe leak that got worse. It started only leaking into the hallway but one day I walked into the back room to get myself and my children some clothes and everything was covered in water. I have pictures to prove that water did damage my belongings and not myself.
Asked on October 5, 2011 under Real Estate Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Nothing prohibits you from filing an action against your parents' landlord for perceived liability and damages resulting from water intrusion.
Rather than filing suit against your landlord right away, I suggest contacting him or her about your damaged goods and see if a voluntary payment might be made by the landlord or his insurance carrier in an amount that you are agreeable with. If so, then you do not have the hassle of having to file in small claims court, worry about obtaining a judgment or not and if successful collecting upon it.
One key aspect is to prove that that landlord was negligent in not having the pipe fixed. The problem with any lawsuit is establishing liability, then damages and then if successful on the first two, collecting upon the judgment.
Good luck.
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