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Landlord Tenant

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I live in Indiana and I have a problem with a business copy machine which I lease. I have been storing the copier in an old building because I don't need to copier anymore but I am still obligated on the 3 years lease. I use it occasionally. The problem happened when water leaked from the apartment above my storage area and did severe damage to the copier which the copy company cannot fix. The problem is that I did not have insurance on the copier as required by the lease. My landlord and I do not have a written lease so I don't have to worry about exculpatory clauses saying the landlord has not liability. The tenant upstairs who caused the leak is extremely poor so probably no insurance. I would like for the landlord to make a claim on his insurance but I would be searching for negligence on his part. Maybe faulty plumbing? The water leak was caused by a overflowing toilet. Just a a dumb luck accident.

Do I have cause to sue the landlord and tenant upstairs if necessary?

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