Landlords basement flooded due to pump failure (renters, insurance)

[dollrsnsense]

The sump pump in the basement of my house rental broke and the basement flooded causing approximately $4000 in my (tenants) property damage. I have been living here 4 years with renters insurance. But the renters insurance will not cover this loss because it is Landlord's equipment. I do not have a written lease. Who is responsible for replacing my destroyed items?

Donna, NJ

[Blackjack2000]

If I were in your shoes, I'd take whatever written communication you got from the insurance company claiming its your landlord's fault, and forward it to your landlord. If the landlord refuses to pay, I'd go to a lawyer and ask for their advice.

[reenzz]

Unless you can prove that the landlord was negligent, he is not responsible for your damaged property. I would also fight this with your insurance company.

[Retriever]

Originally Posted by reenzz

I would also fight this with your insurance company.

Clearly, the OP needs to thoroughly read the coverage details in her insurance policy.
The norm with both homeowners and renters policies is that they cover water damage that results from a leaking pipe inside the house, but they don't cover "rising water", as in flooding situations. Think about this... If a regular homeowners/renters policy covered damage from "rising water", why would people in flood-prone areas buy specialized Flood Insurance?

From the OP's description, it sounds like she suffered damage as a result of "rising water", and unless her policy is unique, that type of damage will almost surely not be covered.

[Hollytree]

We warn and have it written in our leases that tenants don't put anything on the floor of a basement- especially one that has a sump pump in it.