Tenant Flood Damage - Who's Responsible?

Question

My ground floor tenant had minor water damage after Ida ripped through NY on September 1st. He's asking me to compensate him for the cost of a couple of furniture pieces. My question is; who is responsible to pay for the damage? Me as Landlord? Or Tenant through his renter's insurance? The water came up through a storm drain and infiltrated the apartment.

Andrew Pope · Answer

NY insurance broker here.

Him/his insurance. Depending on the specifics his renters insurance may not cover it though. If it is classified as flood damage then he would have needed tenant flood insurance which almost no one has. Either way, you were not negligent and it is not your personal property so you are not responsible.

Theresa Harris · Answer

His insurance.

John Mocker · Answer

Jon,

Your Agent should be able to provide you with the needed info.  They can refer to your actual policy for the terms and info.

Your policy normally will only cover property you own. not property that belongs to someone else.  Futher, unless the policy had the optional water backup coverage there might not be coverage for your property.

Theresa Harris · Answer

His insurance should cover his contents. You are not responsible for damage to his contents caused by flooding.

Bruce Woodruff · Answer

His insurance. Tell him that this is a matter that is typically covered by a renters insurance policy and that you're so glad that he bought that policy...... :-)

Jon Fletcher · Answer

Thanks @Andrew Pope and @Theresa Harris Can you please provide me with a couple of sentences that I can go back to him with? If I simply say that the Landlord isn't responsible without any clarification or justification, I feel that it won't be received well.

Tenant Flood Damage - Who's Responsible?

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