Flood Damage caused by overflowing toilet- Who is responsible?

[drewdluz]

My roommates were woken up one night to water coming through the ceiling and light fixtures. Firemen were called and it appeared that the flood was caused by and overflowing toilet in the apartment above ours. Unfortunately, I was out of town and the flood destroyed my bed and my laptop ( ~ $3500 in damages). Our landlord said that the flood was caused by the negligence of the tenants above us, and because of that, the landlord is not responsible for damage to personal property ( which is stated in the lease). The tenants above my apartment are claiming that the flood is not their fault. Who is responsible? Thanks in advance.

 

[calalily]

Future Reference

For future reference: Renter's Insurance!!! Especially if you have a $300.00 laptop you leave behind in an apartment. If it had been stolen whose fault would that have been? Anyway, it really depends on why the toilet overflowed as to whose fault it was. If you know what and why it happened repost and add the state it happened in. Whoever is at fault likely won't pay you out of the kindness of their hearts and you'll have to probably file in small claims court. So, try and get documentation...pictures of the damage, notorized statements; although some judges will only accept testimony straight from the horses mouth. Will your roommates take a day off work and be witnesses for you in small claims?
You probably would need receipts for the items, like the bed, bedding, laptop...to prove cost. Did the renters above have renter's insurance?...May cover cost of damage to your things since caused by their apartment. Try and look up on-line your rights as a renter in the state your in and compare to your lease. Good Luck!! Something similar happened to my son only it was his own apartment's water heater. He didn't get a dime from the apartment complex. Plus he had no receipts for anything to prove cost.