[sallygumsnapper]

I live in Lansing, MI. I rent the home where I live. My basement has flooded 3 different times now. My landlord is not willing to allow any type of restitution for my belongings lost by water damage. He further stated it was my duty ti nake sure, after the first time it flooded, to take precautions with my things. On the other hand, the plumber told me it was old piping from the house to the street causing the flooding. Therefore, whose responsisbility of my things is it? Also, the landlord never told us of a flooding basement when the lease was signed. It was not disclosed.
Please help!

[ScottGem]

Did the landlord tell you the problem was fixed after the first time? Do you have renter's insurance?

Unless you can prove that the landlord knew there was a problem with leaking the lack of disclosure is not an issue. Unless the landlord told you that the leak was fixed, storing your belongings in the basement was not prudent. And its possible a court will agree.

[excon]

Therefore, whose responsisbility of my things is it??.

Hello sally:

Who is responsible?? It DEPENDS... You could be responsible if the basement never flooded before, the plumber is wrong, it HAS but you neglected to SEE the signs, the judge is having a bad day.

He could be responsible if he kept information from you, said it was fixed but it wasn't, and the judge is having a bad day.

It ultimately depends on what you want to DO about it. You can sue him. He'll evict you. A judge MIGHT or might not award you damages. But, consider this. IF you can prove what was lost, you're only going to get the depreciated value of your stuff.. For instance, if you lost a box of used dress shirts that you paid $75 for, you'll probably only get a dollar or so for them. That's what they'd bring at a garage sale, so that's what they're worth.

excon

[sallygumsnapper]

Well, to add to your answers, after sending someone out the 1st. Time, the landlord stated it was fixed. Now, this is the THIRD time since then that it has flooded! How is this all my responsibility? And can I make him,somehow, fix it for good? This is getting ridiculous, but he still says it is not his responsibility to fix? IS IT?

Thnak you for an answer...

[ScottGem]

It is definitely his responsibility to fix. A leaky basement can cause mold which can be a health hazard.

But he may be responsible for damages the first time it leaked after he said it was fixed. But he might not be held for subsequent damage.

[Dana Marie]

Wow. That was fast excon! Thank you. Not including the basement, the rental property is a very nice, three bedroom ranch with a living room AND family room - 1500 sq. feet. The basement is additional with an office and large rec room.. . and you still think it is the landlord's responsibility to restore?

[excon]

The basement is additional with an office and large rec room... ...and you still think it is the landlord's responsibility to restore?

Hello again, Dana:

The landlord will call it "additional" too, in order to NOT have to return it to you. But, it WASN'T additional, in that is was THERE when you rented the property, and you rented the basement too.

I rented a furnished apartment once, and a chair broke.. The landlord said the furniture is MY responsibility to fix, but he RENTED the chair to me, and HE should have fixed it.. The judge, of course, agreed with ME. Your basement is the same as my chair. You rented the basement in such and such condition and the landlord needs to return it to THAT condition...

Now, if he DOESN'T, and it sounds like your landlord won't, write him a certified letter explaining what I just explained to you, and demand that he return your property to the state it was in when you rented it. Tell him if he doesn't he'll be in breech, and you'll seek legal remedies. Send your letter certified, return receipt requested.

excon

[ScottGem]

Excon is absolutely correct assuming the basement was finished when you rented the house. The landlord is required to restore the property to the condition it was in when you rented it. Now, if you finished the basement, that would be a different story.