If a tenant’s picture falls and breaks a pipe which in turn causes a flood in the apartment, is the landlord responsible for repairs?
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If a tenant’s picture falls and breaks a pipe which in turn causes a flood in the apartment, is the landlord responsible for repairs?
Asked on September 8, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is a case where the tenant could be responsible for paying for the cost of repairs: the issue is whether the tenant was negligent, or careless, in how he or she hung the picture (e.g. too small a nail; hung it on wall that couldn't support the weight; too heavy a picture generally to hang like that; didn't put the nail or screw in correctly; etc.), in where the picture was placed (should it not have been over the pipe?), or in knocking the picture down and causing it to fall. If the tenant was at fault in some way, then the tenant could potentially be held liable for the damage; if the tenant were not at fault, however, the it would be the landlord's responsibility.
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