Who pays for damage to a tenant’s property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who pays for damage to a tenant’s property?
I don’t live on the property but my 1st floor tenant’s basketball hoop fell on the 3rd floor tenant’s car and smashed the windshield. The 1st floor tenant’s babysitter moved the hoop the other day near where vehicles usually park. Who is at fault here and who pays for the damage to the car?
Asked on June 23, 2012 under Real Estate Law, Rhode Island
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The first floor tenant would be liable, since an employee or guest of his/hers (the babysitted) was the one who caused the damage, IF the babysitter were negligent, or careless, in either where she placed the hoop or how she set it up. However, if it was reasonable to place it where she did, and if the way she set it up was proper, she--and therefore the first floor tenant--would not be liable, since liability depends on fault. Without fault, there is no liability; so if the hoop had been set up properly in a reasonable place and, say, strong winds happened to blow it over, she and the first floor tenant would not be responsible. In that case, the third floor tenant would have to cover his own costs.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.