Who is responsible for an apartment that got flooded by a tenant? 4 Answers as of October 15, 2013

I live in an apartment, and it got flooded. The landlord told me to sue the neighbor but won’t release the documentation that the tenant caused the flood. Who can I sue, the landlord, or the tenant?

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William Bidwell, Attorney at Law | Bill Bidwell
You may have to sue both if you cannot ascertain whose fault it was. Depending upon the damages, you may be able to take the matter to small claims. Your renter's insurance or the other tenant's insurance should cover the damages.
Answer Applies to: Michigan
Replied: 10/15/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
If the damages are less than the maximum amount recoverable in small claims court, just sue both of them in small claims court explaining that the landlord claims it is the other tenants fault, but will not release the documentation to show that.
Answer Applies to: California
Replied: 10/15/2013
Law Office of Richard Winkler | Richard Winkler
Give the case to your insurance company and ask them for direction. They will figure out who has what coverage and who is responsible and then you can take it from there. If you do not have tenants insurance, now you know why you should.
Answer Applies to: Rhode Island
Replied: 10/15/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Hopefully you had renter's insurance and all you will have to do is make a claim to recover your damages. If not, and the flood was known to be caused by the other tenant, sue them. If they think the landlord was at fault they can bring him in.
Answer Applies to: Michigan
Replied: 10/15/2013
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