Legal Question in Real Estate Law in Minnesota

Renters Insurance

The basement of our duplex flooded, causing an estimated $5000.00 in damages to our personal property. The water seeped in through the floor and did not leak in through a basement window as our landlord surmised. Our landlord says our renters insurance should cover it. Our renters insurance company says the landlord's insurance should cover it since renter's insurance does not cover water damage of this nature. We're stuck in the middle. What's our next step?


Asked on 9/19/01, 9:07 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Renters Insurance

Well, to start with I suppose you should have your renter's insurance policy reviewed by a lawyer to see if it really does not cover.

Assuming that does not work, a lot of this will have to do with why the flood took place.

I had something like this about two years ago. It was a claim against someone who sold a house to my client without disclosing that the basement had a water problem. In fact the seller said that there had been a problem but it was fixed. We took the owner to conciliation court and won.

To have a claim against the owner you have to show that the owner did something negligent or made a misrepresentation. Start thinking about what you were told about that basement. Were you told something that was not true? You must have thought it was safe or you would not have had your stuff down there. Was there a sump pump that was not properly maintained? Was there a problem which was purposely hidden or concealed?

Consulting with a lawyer would be a good idea. He or she could help you flesh out the elements you would need for a claim against the landlord. The sad fact is that to get something from the landlord's insurance you probably need to show that the landlord was negligent, because the landlord's property insurance probably only covers the landlord's property.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 11/06/01, 6:32 pm


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