Assistance with Water Damage in Rental Properties

Questioner

Recently I have suffered from water damage (pipe burst at the neighbors, causing a lot of water to end up in my apartment). This laminate floor is quite damaged. This is a floor that I also pay for, because I rent it with my apartment. Now I am being referred to the housing corporation for the contents insurance regarding my floor, I am only of the opinion that this should be resolved by the housing corporation. The cause is due to a defect in the building and I also pay rent for my floor. I would like to get advice.

Lawyer

Your home contents insurer will certainly be of the same opinion: if the neighbours rent and the damage is the result of a defect in a common part, then the VVE is liable. The damage may be the result of a defect or deficiency of the apartment / owner's part. In that case, the owner can be held liable. It is also conceivable that a defect or deficiency has arisen due to poor maintenance / cleaning due to the tenant's actions. In that case, the tenant is liable. So I'm afraid it will be passed from pillar to post. But in the end, you will be compensated if the fault lies with someone else.

Lawyer

In principle, the person who caused the damage is liable, not the landlord. You can argue that it is a defect of the property that is attributable to the landlord, but that is not the main rule. If you have complained before, you are in a stronger position. First, you can contact the person who caused the damage (tenants usually need to have liability insurance, which helps). Then you should contact your household contents insurer. Damage to the property itself is covered by the landlord's building insurance. If the person causing the damage does not pay, you can also turn to the landlord.