Am I responsible to pay for tenant’s computer?
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Am I responsible to pay for tenant’s computer?
I had a lead in one of my rental units from upstairs owner. My tenant’s computer was damaged. At first she wanted to be compensated for her computer, but yet when my property manager and sister went to see damage and talk to her about her computer, it started up. At that time all agreed that it was all fine. Although, she did mention that she took it to a repair person/tech and they said that if and when the computer dies, you cannot get it fixed. It has now been almost 2 months and I received a note from my tenant wanting to be reimbursed or help purchasing a new computer.
Asked on September 16, 2011 under Real Estate Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The issue is fault; if you did something wrong, which caused the leak and the computer damage, then if it needs to be repaired or replaced, you can be held liable for the cost. So say that you knew about a leak and did not tax reasonable or timely steps to fix it, or caused the leak by overflowing carelessly a bathtub or sink, or the leak was caused by a broken window (which you had declined to fix) letting in the rain...in cases like these, you may be liable for the loss, because you were negligent, or unreasoanbly careless, in not taking steps to remediate the situation. On the other hand, if you had no warning and no opportunity to fix the leak, and also did not cause it, then you would seem to not be liable; so if, for example, without warning a pipe broke, then you probably did nothing wrong and likely are not responsible.
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