Stove damaged by a third party - Landlord Forum thread

Stove damaged by a third party by Anonymous on May 10, 2012 @22:49

My tenant has caretakers for part of each day, and recently got a new one. On Monday this week, the new caretaker tried to turn on the oven to cook a pot pie, and broke "something." In any case, the tenant's son, who stays with her in the afternoon, came in to a blazing hot house, and a gas oven that would not turn off. He called the gas co. who turned off the gas to the stove. Then he called me. My technician left a couple of messages, which for whatever reason, the tenant's son (the messages were to him), did not return. So my tech finally goes over tomorrow.

So I called the caretaker's agency. APPARENTLY she's left town on a family emergency, and the owner of said agency cannot get in touch with her. Hmmm.

I told him I'd like to hear her side of the story, but didn't he agree the responsibility was with her, and with his agency. He started in that the stove must have been crap-I shut him down that both the tenant and her 2 kids who help her said the stove was in perfect working order prior to this.

I called him again today to update him, and surprise, the caretaker is still out of town on said emergency, and he has no way to contact her.

Not to borrow trouble, and hoping I don't have to replace the stove, but I feel he needs to take responsibility for the service call at least, and perhaps for a new unit. In the meantime, the tenant has no stove, which they assure me is not a hardship, as they have coffeemaker, microwave and toaster oven.

I did confirm with him that his agency is state licensed and (my words) "I am sure you have the proper insurance in place for these kinds of things."

Just venting, I suppose, and wondering how to proceed, short of small claims. I mean, I could tell he wasn't planning to be especially helpful here.

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Re: Stove damaged by a third party by Jake on May 11, 2012 @04:20	[ Reply ]

Congratulations on stiring up the biggest pot of trouble before even finding out what is wrong with the stove.

Re: Stove damaged by a third party by Micah on May 11, 2012 @06:40	[ Reply ]

I agree with Jake. You need to find out whats wrong first... Then you bill the tenant if it was not your fault or wear and tear. The tenant can choose to go after the agency or not...

Re: Stove damaged by a third party by OK-LL on May 11, 2012 @09:01	[ Reply ]

I agree with Micah -- the tenant is responsible for the actions of his invitees, employees, etc. You go after the tenant, the tenant goes after the agency, the agency goes after the employee. You didn't rent to an agency, you rented to a tenant; and you didn't contract with an agency/employee/contractor to enter your property for any purpose.