Re: Assessment of Damage by Tenant - Landlord Forum thread 352532

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

* 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!

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