Legal Question in Real Estate Law in Massachusetts

Who is at fault in a rental claim for water damage

I have not signed a lease nor do I have renters insurance. On April 30th, the tenant above me (three family house) left her sink running and plugged. My bedroom is below the room with the running sink and got flooded. All of the clothes in my closet got damaged as well as my bed and bedding. My question is who owes me compensation for the damage done to my belongings. It took 11 days for the landlord to fix the ceiling but in the meantime, I moved out as I had no place to sleep and the landlord did not compensate me for any damages. Please help.


Asked on 5/10/99, 1:44 pm

3 Answers from Attorneys

Re: Who is at fault in a rental claim for water damage

What did you end up doing about this? Did you get compensated by the landlord?

-- Stu Williams

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Answered on 8/01/99, 12:34 pm
Alan Pransky Law Office of Alan J. Pransky

Who is at fault in a rental claim for water damage

The landlord owes you the compensation. Every tenancy has an implied warranty of

habitability and an implied covenant of quiet enjoyment. The result is that the landlord

insures that you will not be bothered by other tenants.

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Answered on 5/22/99, 10:16 pm

Re: Who is at fault rental claim water damage

Funny, I just handled a case involving water damage

(to a computer) from a unit above, just last September,

in 1998!

I'm in Newton, (617) 527-0050, but I do travel!

What do you have to show me? Any pictures of the damaged

ceiling? (If not, who are witnesses?)

Any bills for your 11 day sojourn elsewhere?

My fax number is (617) 527-1763 if you would like to

send me copies of the bills, or at least list them

and fax or e-mail them to me, at [email protected]

if you would. I'd also like to see a written list of

your out-of-pocket expenses for these 11 days.

Does landlord own all three units or are they condos?

I have numerous other questions for you. Feel free to

call me at (617)527-0050.

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Answered on 5/17/99, 11:16 pm


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