# Landlord liability if the roof leaks **URL:** \ **Category:** Factual Questions\ **Created:** [October 25, 2004, 4:18pm UTC](https://boards.straightdope.com/t/landlord-liability-if-the-roof-leaks/271063 "2004-10-25T16:18:46Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![According\_to\_Pliny](https://avatars.discourse-cdn.com/v4/letter/a/8e7dd6/32.png) [@According\_to\_Pliny](https://boards.straightdope.com/u/According_to_Pliny)\ **Post date:** [October 25, 2004, 4:18pm UTC](https://boards.straightdope.com/t/landlord-liability-if-the-roof-leaks/271063/1 "2004-10-25T16:18:46Z")
At night last week the roof leaked on my apartment building. Water ran down alongside the vent pipes of the furnaces into three apartments - the one on the third (top) floor above me, the one on the second floor above me, and then into mine. The roof was repaired the next morning, and the carpets were professionally cleaned the next day and the walls repainted where there were water drip marks. In each case the water soaked the floor of the adjoining closet. Some people had things like towels there and just washed them. I had a laptop computer there and it now doesn’t recognize the hard drive and in a repair shop being analyzed. I asked what the landlord’s responsibility was in such a case, if they had insurance to cover me. They said no, that I had a clause in my lease. It says (in full): > [@](#): > > 1. Liabilities. Resident releases Management from any and all liability to persons or property suffered by Resident while on the premises or the property. Resident has inspected the premises, furnishings, and equipment, plumbing, heating, and electrical systems and found them operative and deemed satisfactory. That seems pretty inclusive, but is it? Can there really be nothing that’s their responsibility to me, other than repairs to the building? ---
**Author:** ![Cillasi](https://avatars.discourse-cdn.com/v4/letter/c/71e660/32.png) [@Cillasi](https://boards.straightdope.com/u/Cillasi)\ **Post date:** [October 25, 2004, 4:44pm UTC](https://boards.straightdope.com/t/landlord-liability-if-the-roof-leaks/271063/2 "2004-10-25T16:44:03Z")
IANAL, and the answer may be jurisdictional in nature, but, for the most part, the Landlord is responsible to repair and maintenance of its fixtures (which is why they painted and cleaned carpets, etc.) and your personal property should be protected by your own insurance. Case in fact, I own a 2-family residence in New York City that is completely occupied by the owners (my parents and myself), but homeowner’s insurance will not cover the “tenant” apartment. We are required to maintain separate apartment insurance on the tenant apartment if we want the personal property in the tenant apartment insured. Homeowner’s insurance will only cover structural and fixture damage to the tenant apartment in case of casualty. The only way you can hold them liable is if the damage to your property was due to their negligence. For instance, if the top floor resident has been experiencing roof leaks for a long time without the problem being addressed despite complaints to the landlord, then you might have a case against the landlord for negligence in fixing the original problem. If this was a one-time incident, since the landlord corrected the problem in an expedient manner, he is probably not liable for damage to your personal property. You’d have to familiarize yourself with the housing laws in your jurisdiction to get a better idea of your rights and your landlord’s responsibilities. Lease clauses have been held to be illegal and disregarded by the courts without voiding the rest of the lease. ---
**Author:** ![bare](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bare/32/471_2.png) [@bare](https://boards.straightdope.com/u/bare)\ **Post date:** [October 25, 2004, 4:49pm UTC](https://boards.straightdope.com/t/landlord-liability-if-the-roof-leaks/271063/3 "2004-10-25T16:49:31Z")
Sounds like you have a pretty proactive landlord that they effected repairs so quickly. It is up to the tenant to cover their property with renters insurance and I imagine that it says so somewhere in your lease. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [October 25, 2004, 4:55pm UTC](https://boards.straightdope.com/t/landlord-liability-if-the-roof-leaks/271063/4 "2004-10-25T16:55:37Z")
Here in Australia building insurance covers damage to the building and fixtures but nothing else. Even contents insurance only covers objects that you own personally. I have a friend who tried to claim a guest’s losses when his home was burgled and he couldn’t claim because, although he felt responsible, the policy holder did not own the stolen articles.