Re: Assessment of Damage by Tenant - Landlord Forum thread 352500

Re: Assessment of Damage by Tenant by AnonymousFL on May 28, 2017 @13:07

I would talk to the plumber who repaired the leak to find out if the leak would have been obvious before it leaked through the ceiling. If he says it would have been obvious, then I think you could press the tenant to be partially responsible due to negligence. You should consider how much damage could have been avoided if it was reported earlier, but if that ends up being a small amount, let it go.

However, if the plumber cannot say for certain that the tenant should have noticed, then you really have no recourse but to pay for the entire repair. The tenant did not cause the damage or fail to take action to minimize the damage by notifying you.

These things happen.

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Re: Assessment of Damage by Tenant by Anonymous on May 28, 2017 @13:11	[ Reply ]

"If he says it would have been obvious, then I think you could press the tenant to be partially responsible due to negligence." No. Plumber's opinion on what may or may not have occurred cannot determine whether the tenant should have noticed it. The tenant is not a plumber. "The tenant did not cause the damage or fail to take action to minimize the damage by notifying you." Yes. Repair is on the landlord.

Re: Assessment of Damage by Tenant by AnonymousFL on May 29, 2017 @16:51	[ Reply ]

The tenant is not a plumber, but the tenant has eyes and 'should' have common sense. If the leak would have been noticable, the tenant should have reported it. It is perfectly fine to utilize the plumbers opinion whether or not the landlord had the opportunity to inspect the damage. Most any plumber will have more knowledge and experience on the plumbing side of things, but it is also likely that they have had experience dealing with customers (and their varying levels of knowledge and experience...or lack thereof). It is better if the landlord is able to inspect beforehand, but that is not always the best way to handle situations that need to be fixed ASAP.

Re: Assessment of Damage by Tenant by Anonymous on May 28, 2017 @13:29	[ Reply ]

The tenant reported it as soon as it was noticed. Periodic inspection by the landlord might have also prevented damage.

Re: Assessment of Damage by Tenant by Elwood (Toronto ) on May 30, 2017 @22:02	[ Reply ]

* I think you could press the tenant to be partially responsible due to negligence * Negligence is also a two way street. If the landlord violated the duty to maintain the plumbing, the landlord may also be legally negligent. If the cause of the leak was negligence for example, carelessness in maintaining or fixing the pipes (required under state law), the landlord may be responsible for any damages or losses caused by the landlords negligence. Negligence is very hard to prove in court, especially if the tenant, acted with diligence and reported the damage as soon as it was notice. How would a landlord prove the tenant was negligent? The plumber would also have to be in court to testify and such testimony would be subjective at best. What's to say this was not a bad repair from a previous leak? Or a very slow leak, that has gotten to the point of being noticeable? Where's the proof the tenant was negligent? Charging the tenant and then facing a possible court action over the charges, puts the landlord at great risk. If the landlord fails to prove negligence on the tenants part, then the landlord faces damages to the tenant, along with court cost and attorney fees. The attorney fees along would far exceed the cost of repairs!