Basement Flooded Due to Broken Sump Pump
My question involves landlord-tenant law in the State of: Illinois
I reported to my landlord that the sump pump in the basement wasn't working on March 11. Last night, April 17 we had terrible rain and the basement flooded because the pump wasn't working and the landlord hadn't even attempted to look at it.
Everything in my basement is destroyed. I do have renter's insurance but they do not cover flooding.
Do I have any options here? My basement has never had water in the year I've lived here and I do have proof of notifying the landlord in March. I have lost thousands of dollars worth of my belongings here.
Re: Basement Flooded Due to Broken Sump Pump in Il
Did you notify your landlord in writing regarding the matter of the nonworking sump pump back in March?
Have you notified your landlord of this current flooding issue?
Gail
Re: Basement Flooded Due to Broken Sump Pump in Il
I notified via email and I have the response where she states that she received the email. I have notified her of the current issue. Started calling and texting her at 8pm last night. I didn't receive a call back until 6:30 this morning and it is 10:22 and still no one has been here and the water is continuing to come in.
Re: Basement Flooded Due to Broken Sump Pump
Quote:
Quoting
mzn12
Do I have any options here? My basement has never had water in the year I've lived here and I do have proof of notifying the landlord in March. I have lost thousands of dollars worth of my belongings here.
If there has never been water in the basement, how did you become aware of the problem with the sump pump in March? Most people don't notice a problem until they see water. Has the problem since been diagnosed?
If I were your landlord, my position would be that you were the one living in the home, you were aware of the problem with the sump pump, you knew it had not been repaired, and thus that you thus had a duty to mitigate any potential loss by moving your valuables to higher ground. I'm not saying that the defense would necessarily work, but I'm not seeing much authority on the issue.
Is this a finished basement? Is the sump pump required by local building codes?
Have you examined the lease to see if it contains language about flooding, or any language specific to the sump pump or basement? Is there language relevant to maintenance of mechanical devices, HVAC and/or appliances that may be relevant?
Re: Basement Flooded Due to Broken Sump Pump
the garage and basement are attached. The garage sits a few inches lower and then you step up to enter the basement area. The garage always gets a little water when it rains, never the basement. The sump pump kicked on in March during the last rain and I noticed water spewing out the side of the pipe. That is when I notified the landlord back in March.. I did remove as much as possible from the garage into the basement, as the water would have to be more than 4-5 inches to overflow into the basement, so I assumed by moving things into the basement rather than in the garage where the pump sits that it would be safe from water. The basement is partially finished meaning there is no carpet, but walls and so forth are finished. I'm not aware of any requirements on having a pump or not, however it is there for a reason. The lease states the landlord is responsible for all repairs. I do carry renter's insurance however they do not cover flooding.
I feel as though the landlord neglected to come fix the pump in March. I did all I could by moving things away from the pump and out of the garage. I had never had water in the basement as it never got this high.
Re: Basement Flooded Due to Broken Sump Pump
Quote:
Quoting
mzn12
The sump pump kicked on in March during the last rain and I noticed water spewing out the side of the pipe.
That suggests that the pump itself was working, but that the water was being... fully? partially?... misdirected through a hole in a pipe. Tell us more about the hole and how the pipe came to have a hole in it, as well as where the water was going after it left the hole.
Re: Basement Flooded Due to Broken Sump Pump
the hole seemed smaller but it was taking the water the pump was sucking in and spraying it back onto the garage floor. I'm not sure how the pipe got a hole in it. It was in the black flexible piping attached to a pvc pipe going to the pump. Nothing is/was stored near the sumppump. When I emailed the landlord I told them this specifically back in March. Last night I could hear the pump running but water was spraying everywhere out of the side of that pipe and eventually it started coming out faster and more intense from the hole.
Re: Basement Flooded Due to Broken Sump Pump
So you actually stood there and watched your belongings, left in the basement, get destroyed over something that could likely have been patched for less than $1? You will likely find no judge would consider you did not have a duty to mitigate the damages.