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Re: Next door tenants damaged my property
by Bryan (Ia)
on February 18, 2012 @14:31
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Please provide citation to this law.......
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Re: Next door tenants damaged my property
by Susan
on February 18, 2012 @15:23
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It's call a "tort" and every State has such a law. the neighbor would not have any damage if not for the building owners tenants, both the building owner and the tenants are liable, and since the landlord has control over the tenants and deeper pockets, the neighbor should go after the building owner. Ask your attorney to explain to you why the building owner is liable and should pay. Example, you loan your car to a friend who gets in wreak and damages someone else's car. You as the owner is liable because you loan the car to friend. Example, the bartender serve alcohol to someone at the bar who is drunk and leaves and kills someone in an accident leaving the bar, the bartender, and the bar owner are liable. A landlord can not avoid the damages his tenants cause his neighbors. A good landlord would step up and take responsibility and apologize to the neighbor for his tenants actions and pay for the damage. Some landlords try to skirt their responsibility for their tenants actions.
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Re: Next door tenants damaged my property
by Susan
on February 18, 2012 @17:07
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What is an individual’s duty of care as a “possessor of the land”? In Iowa, if a person that owns or possesses property permits a third person to come onto the premises, he is under a duty of care to reasonably control the conduct of that person. This means that the owner or possessor must prevent the entrant from intentionally harming others. The Iowa Court of Appeals recently examined this issue, bringing to light a possessors duty to control the actions of tenants upon the possessors property. If the landlord knows that the tenant is harming the property rights of adjacent landowners and does nothing to modify the tenant’s conduct or terminate the lease, the landlord can be held liable along with the tenant. The court’s opinion is a victory for the protection of private property rights, and will help reduce land-use conflicts in Iowa.
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Re: Next door tenants damaged my property
by MrDan (Georgia)
on February 19, 2012 @10:39
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In your way of thinking, your neighbor could invite some kids over to the neighbors property and they throw rocks at your house and damage it. Under your thinking, you would not have any recourse against the neighbor, but only against the kids and the kids parents. What if the neighbor had twenty kids at a party each weekend that proceeded to throw rocks at your house and damage it. Would you be able to locate the kids parents to seek damages? What if the neighbor had a different group of twenty kids over each weekend? At what point would the neighbor be responsible for the conduct of the kids? Are, as you imply in your statement, the building owner has no duty to protect his neighbor from the building owner's tenants damaging the neighbors siding. Common law would imply that the either the neighbor or in the case, building owner would be held responsible for the actions of those in their control. The neighbor could stop having kids over to throw rocks and the building owner could evict the tenants to prevent damaging the neighbors siding.
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