Sewer Backup. Who is responsible for personal property

[detroitLL]

What is the name of your state (only U.S. law)? MI
The main storm drain in my rental property backed up causing 10" of water in the basement. I had the basement snaked out the next morning. My tenant had a very large old rear projection TV and a computer on the basement floor, neither items work anymore. Am I (landlord) responsible for the tenants personal items that were in basement? Tenant said her renter's insurance doesnt cover that sewer backups.

 

[FarmerJ]

Unless this back up was caused by your own neglect NO your not obligated to do anything for the tenant to cover personal property. Your own property insurance will not cover tenant property either.

 

[swrdmbo]

If it was a city sewer system let the tenant contact the city and see if it will give him anything.

Dumb of the tenant to leave such things on the floor.I always tell any tenants we have with city water/sewer to put things on pallets, and plastic boxes as there is ALWAYS a chance the city sewers may back up.

It has happened twice in the last ten years in our city.

 

[Mrs. D]

I have been through this with my insurance company. Please advise your tenant to contact their insurance company again and make clear that it was a PLUMBING FAILURE. Not simply a FLOOD. Insurance companies hear "flood" and say...nope, we don't do floods. But frequently they DO cover plumbing failures. May not be the case with your tenant's insurance, but having been there I know that this can be a situation where the insurance is not fulfilling the actual terms of their policy.

That said, advice above is correct, if it was your neglect that caused it, then you would likely be responsible. If it was not your neglect, it isn't your responsibility. You might want to document the actual items, as you note that they are old, and you shouldn't be responsible for the full replacement cost of something that is old (unless it's a valuable antique, but a rear-projection TV hasn't reached that level yet ).

 

[Alaska landlord]

No, you are not responsible. But cover yourself by suggesting on your lease agreement that all tenants acquire renters insurance. Besides, you have no idea if the reason they were in the basement was because they didn't work to begin with.

 

[Cvillecpm]

Ditto Alaska LL * I love your quote since I live in the shadow of Monticello!!