Tenant notices a leaking ceiling in the garage and notifies landlord. Landlord explains that the air conditioning is improperly vented causing the leak and that he will eventually fix it. Tenant asks if ceiling will fall and landlord says no. Tenant parks brand new, 45K car under the leak and the ceiling falls on it causing a 7 inch long dent and scratching. Tenant notifies landlord of fallen ceiling and damaged car. Landlord says he shouldn't have to pay because damage isn't significant and tenant parked under a ceiling that was leaking. Tenant reminds landlord of the previous conversation and he says he told tenant NOT to park there. He then offers to split the cost.
Who's at fault and who should pay? Both can afford it, the damage is probably $300. Both feel the other is responsible. Landlord feels tenant was irresponsible for parking there, knowing about the leak. Tenant feels landlord represented condo as new and was told ceiling would be okay.
2007-06-20 07:44:53 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I am not the landlord or the tenant. Why do some people on YA always assume the asker is directly involved with the question?
2007-06-20 13:08:00 · update #1
The landlord should have some sort of insurance for happenings like this. It's called liability insurance I believe.
The landlord should be liable for the damage. Thanks for asking.
2007-06-20 11:55:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well, did the landlord specifically tell the tenant NOT to park under the leaking ceiling? If that is the case, then the tenant is responsible for risking parking their own car, and should have to pay for his or her own damages. If the landlord neglected to tell the tenant not to park under the ceiling, and informed the tenant that it would be ok, the the landlord should be responsible. The landlord also should have taken care of the ceiling sooner. Waiting is just asking for more significant damages, like the tenant's car as a good example.
2007-06-20 15:00:58 · answer #2 · answered by BabeDoll 4 · 0⤊ 0⤋
The landlord is the one who probably should pay since he did know about the damage to the ceiling. But the tenant should have known better than to park under a leaking ceiling.
2007-06-20 14:55:50 · answer #3 · answered by Jess 3 · 0⤊ 0⤋
Landlord is responsibile since he was aware of the leak and told you. You should have not parked under that spot but that is beside the point.
Landlord can be taken to small claims court but I', curious.
Did you take pictures of any problems?The leak itself? Your damaged car? Do not settle to pay half, landlord is responsible for full damage.
If you do not have pictures or other so called proof its landlord vs tenant word against word.
The judge will decide who to believe.
2007-06-20 14:56:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't care if the car is worth $10,000 or $100,000, I wouldn't have parked my car under a leaking ceiling tile. How is the landlord going to know if the tile will fail or not? Does he have the winning lottery numbers for this weekend too?
If he offered to split the cost, jump at it.
I agree, common sense is not a common thing.
2007-06-20 18:19:03 · answer #5 · answered by godged 7 · 0⤊ 1⤋
If you park a $45k vehicle under a leaking ceiling then you are responsible for whatever happens. This is just plain common sense -- a commodity which seems to be rather lacking these days.
If the LL has offered to pay half of the cost of your deductible, accept it graciously and learn something from the lesson.
2007-06-20 14:54:34 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 1⤋
Landlord should pay. If he refuses, get an attorney.
2007-06-20 14:52:57 · answer #7 · answered by Alterfemego 7 · 0⤊ 1⤋