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What is a Tenant's Liability for Flooding an Apartment Building

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  • 12-29-2016, 09:03 AM
    lawfacts
    What is a Tenant's Liability for Flooding an Apartment Building
    A tenant in New York City was moving a large item when she accidentally hit a sprinkler, causing it to go on. Before the sprinklers could be shut off there was a lot of damage to the tenant's apartment, as well as to common areas and several apartments below the tenant's unit. Is the tenant liable for the damage?
  • 12-29-2016, 09:59 AM
    Mr. Knowitall
    Re: What is a Tenant's Liability for Flooding an Apartment Building
    Ideally the tenant will have renter's insurance, in which case the tenant can turn over the various claims to the insurance company. As the damage resulted from the tenant's negligence, the insurance company should cover the claims made by the landlord and other tenants, up to the policy limits

    If the tenant does not have renter's insurance, although the landlord and the other tenants may have viable claims against the tenant, the tenant should be cautious about making any payments -- the landlord and tenants may be making claims under their own insurance policies, and the tenant may ultimately be pursued by those insurance companies. If the tenant makes any payments, the tenant should be certain to get a signed release of any additional claims by the person to whom any payment is made.

    If the damage to other units is significant and the tenant is uninsured, or if there is significant liability beyond the tenant's insurance policy limits, and the tenant would not be able to pay the damages claims, the tenant may benefit from consulting a bankruptcy lawyer.
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