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Re: Water damage (my property) caused by another tenant

Posted by Amanda Plyley on July 25, 2000 at 10:02:14:

In Reply to: Re: Water damage (my property) caused by another tenant posted by brenda on July 24, 2000 at 23:55:03:

: Why not sue both the landlord and upstairs tenant in small claims court--assuming you have fairly minor damages? I may be wrong -- not being a lawyer, perhaps I am--but that seems the obvious solution. Let the judge sort it out.
: (Forget about renters insurance--that's beside the point.)

: Why haven't you signed the renewal? Your landlord may indeed be hoping you move out.

Not having done the small claims court thing before I'm wary to take it on over $650. Since we can't prove that he was negligent (no photo proof from November, no requests for inspection in writing) it's our word against his. He has a lawyer and we don't. There is no doubt that the tenant upstairs caused the damage. But if they won't pay then we have to be compensated from somewhere. Our landlord is claiming due diligence on the washer and ignorance of their unreported leaking sink. The whole thing is compounded by a lousy super, a crumbling (and falling) facade, a broken street door and loud neighbors. This is not a building I feel attached to and was already looking to move. Which is why a renewal lease hasn't been signed. I don't want to be locked in to staying, I just wanted enough time to look for the next place.

What are the chances I could prove this guy was negligent without documentation? Would it be better to wait and see if he can get money from the upstairs tenant or just jump in now and sue both of them for damages?

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