Who is responsible for water damage in my apartment?

UPDATED: Nov 8, 2012

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Who is responsible for water damage in my apartment?

I was in my bed and 3:00 am when water came dripping through my light fixtures and walls . A pipe bust in the apartment above and now my complex says that it is my problem. My renter’ s insurer (which the complex required me to get in order to rent) says that my deductible is $1000 and the rest is on me. It seems to me the complex and the renter above me is liable not me. I cannot afford an attorney; I am a student.

Asked on November 8, 2012 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written, if the water damage arose through no fault of your own, you should have no liability for getting the repairs fixed. After all, you did not cause the damage. I suggest that you place your renter's insurance carrier on notice about the matter. If you cannot afford an attorney, I suggest that you consult with your local legal aid clinic for help.

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