Septic pipe burst in basement and there is ‘Waste’ all over my belongings! What is landlord responsible for? ?

First, and foremost, your landlord is definitely responsible for repairing the pipe and cleaning the basement. It definitely needs to be sanitized. If he delays in this you should contact your local health department as in most jurisdictions this is in their domain.

As far as your personal belongings, do you have renters insurance? If not, you've made a serious mistake as you could be liable for your personal loss. If you do have it you need to notify your insurance company and file a claim. If not, ask your landlord to try and put your claim in with his insurance. It's always worth a try.

Should they deny the claim it's most likely your loss unless you can prove serious neglect on his part caused the ruptured pipe. Again, diffferent jurisdictions vary so one answer can't apply to yours.

As long as there is no clause in your deed that any items you have stored in the basement are store at your own risk. But yes the landlord is responsible for a professional fix, clean & sanitize. I had a similar problem but the basement was unfinished with a dirt floor. The basement would flood at least 2 x's a year due to nonworking sump pumps. I stored "at my own risk" and could not recover damaged belongings (clothes and Christmas decorations that I collected for almost 20 years). It was also considered a common element since there were 2 other apts. so even though we helped with the clean up, we were never compensated for our work. The dampness of the wet dirt floor also created mold, so I contacted the local health dept to investigate and test. Thank goodness for renters insurance! It took almost 2 years (and I had moved out during that time) but I did get a small settlement since I had developed allergies and breathing problems from the mold. Turns out the landlord did not have a renters permit and very little liability insurance.

The landlord is reponsible for the structure, not the contents. He is responsible for restoring the structure to a "habitable" condition, meaning that it must be safe and sanitary, which means he's got to get in there and clean up the sewage explosion or have professionals do it.

Any of your possessions that are damaged should be covered by your renter's insurance. If you don't have renter's insurance, you'll have to take care of it yourself.

You can ask your landlord to compensate you, but he is not under any legal obligation. The burst pipe wasn't anything he caused; there was no negligence or malice. His insurance coverage on the property may have a clause that protects you.

Many years ago, I lost most of my belongings in a fire in a rented apartment. The authorities determined that the fire was caused by faulty wiring that was not up to code, a situation about which the property owner/landlord had been made aware twice. Nonetheless, he was not responsible for my loss or my expenses.

If I were you, I would try to work out something with the landlord. Tell him that you have incurred a specific amount in terms of the loss, and ask how some form of compensation can be worked out. He may refuse, but at least you'll know where you stand.

Good luck to you.

The landlord is responsible for damage his property causes to others, in most jurisdictions. Since the premises aren't fit to live in until they're sanitized, he's responsible for sanitizing them. since his property (the house) damaged yours (the clothes) he's responsible for "making you whole" - paying for sanitizing them if possible, replacing them if not.

His liability insurance company should be the ones paying. You could also press them to pay the difference between your rent and your alternate living arrangements (a nearby motel?) until the apartment is certified (by your department of health or whoever does that there) to be safe to live in again. Living in the presence of raw sewage is not considered to be safe. (If you press them, you'll probably get it.) And you usually don't have to pay rent for the period during which you can't safely live there. (If you do, it just costs the insurance company more for the motel - either way, they pay the same thing, it's just a matter of how much to which of you.)

Don't "confront" the landlord - ask him (nicely) to ask his insurance company to reimburse you for your losses - it's his liability, but that's why he pays for insurance. If you have to hire an adjuster to work with the insurance company, add his fee to your losses - it shouldn't come out of your pocket.

BTW, the lease covers habitable premises - which yours isn't, so you don't have to "break the lease". It's either temporarily not in effect, no longer in effect, or something else that means about the same thing, until it's medically (and legally) safe for him to rent it again. (In some jurisdictions the lease is voidable (or voided), in others you're responsible for the remainder of the lease once the place is clean, but not until.)

The same thing happened to me. Right beside our washer and dryer. It depends on why the pipe burst. If it was stuff that you were flushing down the toilet then he/she isn't responsible but if it burst from the way the pipes were and/or a previous plumber made a mistake with it then the landlord is held responsible.

I have renters insurance. It is inexpensive. That would cover the loss.

I don't think you can go after the landlord. I guess you could try, but don't expect success. The landlord may cut you a deal, anyway, if he/she feels guilty, sympathetic, or really wants you as a client.

If you want to leave that apartment (recommended, it can't really be cleaned), ask the landlord to void the lease by mutual agreement. If not, call the health department to have the apartment condemned.

Unless there is some way to prove that he knew that this was likely to happen and failed to prevent it, he's only responsible to repair the damage to the unit.

Yes, he should be expected to not just repair the pipe, but also to have the basement cleaned, and inspected by the health department.

However, you're probably out of luck on your belongings. This is the kind of situation that "renter's insurance" would cover.

I recommend that you call your insurance agent and discuss renter's insurance. It's very inexpensive and protects you from a lot of things, and this would have been one.

The sewage presents a legitimate health hazard and must be cleaned up asap. Yes, the LL is responsible to get it done without delay.

Your LL may or may not be responsible for your belongings. Do you have renter's insurance? If not, ask your LL to submit your damages to his insurance company. They might pay the claim, and they might not.

If your LL does not act very quickly to resolve this messy situation, I believe it would be acceptable for you to break your lease and find a new apartment where you are not at risk. I doubt any judge would find you liable if you left under such conditions. But you must be reasonable and permit the LL to fix the problem. If I were you, a few days is the maximum I would give him to get moving on it.

While your landlord is certainly responsible for the repair of the pipe and the cleaning of the property (hopefully per your rental/lease agreement,) your belongings were your own to protect. Renter's insurance would have covered them if they were deemed damaged beyond repair. I wouldn't "confront" your landlord, I'd try to work with them first. Check your agreement very carefully before you start demanding things.

Doubtful the landlord is responsible for your belongings. Its not like he came in and did that to you. He should fix the pipe but the rest is up to you.