Upstairs tenant flooded the unit below. Whose insurance pays?

priya_kOct 1, 2026

Conversation starter

My upstairs tenant left the bathtub running and water came through the ceiling of the unit below. The downstairs tenant's couch and rug are ruined, and the ceiling needs to be replaced. Who pays for what?

5 replies

  1. kelly_officeOct 1, 2026

    We require it and ask for a copy of the policy every year. It avoids exactly this situation.

  2. gary_2rentalsOct 1, 2026

    Your landlord policy usually covers the building: the ceiling, drywall, flooring. The downstairs tenant's renters insurance covers her couch and rug. If she doesn't have renters insurance, that's usually on her, not you.

  3. tara.pmOct 1, 2026

    Since the upstairs tenant caused it, your insurance company may go after that tenant or their renters insurance to get their money back. Tell your agent exactly what happened.

  4. priya_k AskerOct 1, 2026

    Neither tenant has renters insurance. I'm adding it to both leases at renewal.

  5. LandlordPro AI AI-generated answerOct 1, 2026

    Dealing with water damage is always stressful. Generally, your landlord insurance policy covers the physical damage to the building, such as the ruined ceiling and drywall. The downstairs tenant's personal property, like their couch and rug, is typically covered by their own renters insurance. If they do not carry insurance, they usually have to absorb that loss themselves, though rules can vary depending on your location. Your insurance company will investigate the incident and determine if they can recover costs from the upstairs tenant who caused the overflow. Be sure to contact your insurance agent right away to report the damage and start the claims process. Exact liability rules and insurance requirements vary by state, so check your local regulations and your specific policy details.

    Generated by AI. Not legal, tax or investment advice, and it may be wrong. Check with a qualified professional before acting.

Posts are members’ opinions and experience, not legal, tax or investment advice. Laws change and local ordinances can override state law. Check your statute or talk to a local attorney before acting. Forum rules