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well of course, remember that your rent covers everything from your ceiling to the walls of your area. any damage or event that did not start inside your property and caused damage is not your fault. the landlord and the tenant above should make an agreement on how they will fix the damage and pay for the cost.

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Q: Is my landlord responsible for damaged to my personal property if the damage was caused by an overflowing toilet in the apartment above?
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Who is responsible for damage caused to a tenants personal property when the ceiling collapsed during a storm because the building was not weatherproofed correctly and the tenant didn't have insurance?

The answer is basically no. The landlord is never responsible for damages to personal property belonging to tenants in any dwelling or structure. That is why you are strongly encouraged to get renters insurance. In some cases you may have some recourse if the landlord knew of the problem. But if you get renters insurance be insurance company can determine that for you and they can seek damages from the landlord.


What is the law on personal property landlord refuse to give back?

The landlord refuses to return personal property until the balance of his rent has been paid. 3 months have passed.


If you co-signed for an apartment and you no longer stay there due to personal issues can you remove your name from the lease?

Your lease most likely has a provision against "subletting" your apartment. Any changes in renters must be approved by the landlord, and that includes adding or removing names off the lease. The landlord decides "who" rents from them ... not the tenant.


When can a manager of an apartment complex change the locks?

In Canada if there has been several break-ins in the complex then the landlord has the right to change ALL locks, but the tenants must be notified and given a new key. The only other reason would be if the tenant has not paid their rent, then the landlord can change the lock on that particular apartment with the contents still in it until the tenant pays the rent. In the US a landlord cannot use self-help to hold the renter's personal property for rent due, unless it was so stated in the rental agreement. Before a landlord can seize property and lock a delinquent tenant out of the residence they must use due process of law, receive a Writ of Possession and serve the delinquent tenant with the writ. If the tenant does not recover his or her belongings within the specified time limit, the landlord can consider them abandoned and dispose of them in whatever manner chosen. If the landlord wishes to remove the property from the residence before the set time expires he must secure those items in a storage area.


Can the landlord hold property after eviction due to balance of rent due?

In most jurisdictions, yes. A landlord can hold personal effects and in many cases sell them to recoup money owed. When a landlord holds personal effects or sell them to recoup money owed, this is called 'conversion' and landlord is liable to the tenant for the 'reasonable value' of the property regardless of what they were sold for .... you got it, now the judge becomes the trier of fact on what was 'reasonable value.' The better practice is to store the property ... in California after 15 days... and let the tenant or prior owner pay the storage fee to regain possession of the personal effects.

Related questions

Who is responsibility for paying the moving cost after my ceiling collapsed during the rain in my apartment what do I do?

Hence the reason one should buy renter's insurance, the landlord is generally not responsible for the personal belongings of a tenant. You may want to move out then sue the landlord for negligence.


Is the landlord responsible for damaged to my personal property if the damage was caused an fire?

The landlord is generally only responsible for the building, not the belongings inside. That's what renter's insurance is for.


Is your landlord responsible for damage to your personal property if the damage is caused by excess snow on the roof?

Unfortunately, landlords are not responsible for any one's personal property, unless you can prove negligence on the landlord sparked, which would have contributed to the damage to the property this is something that would be argued in court your best bet is to get renters insurance


Who is responsible for damage caused to a tenants personal property when the ceiling collapsed during a storm because the building was not weatherproofed correctly and the tenant didn't have insurance?

The answer is basically no. The landlord is never responsible for damages to personal property belonging to tenants in any dwelling or structure. That is why you are strongly encouraged to get renters insurance. In some cases you may have some recourse if the landlord knew of the problem. But if you get renters insurance be insurance company can determine that for you and they can seek damages from the landlord.


Who is responsible for damage when a concealed inside water pipe bursts?

Why did the pipe burst? If the tenant caused it, he is responsible for the damage and the repair of the pipe. If it just happened or the landlord could have prevented it, the landlord is responsible for the pipe and structural damage. I do not believe he is responsible for personal items lost or damaged. You would have to prove that he did something to cause the pipe to burst and knew it was likely to happen.


Are you responsible for damage to personal property other than your own if water damage occurs in your apartment?

If you were aware of a leak....informed no one, took no steps to repair or prevent the water from escaping your apartment and damaging your neighbor's goods......you are. However, if you are talking of a sudden and accidental occurence....neither you, the neighbors or the owner/landlord had warning or knowledge of the potential water escaping...your insurance covers your property, the neighbor's insurance covers his etc...


Does a mobile home landlord have the right to personal property when mobile home is sold?

The mobile home owner has a right to personal property, NOT the landlord.


Can a landlord remove your personal items and store them at your expense?

If you are not paying rent, then the landlord has the right to reclaim the home after giving notice. It seems to me that saving your belongings was a kindness, but if they had to go into storage, then you should be responsible to pay the going rate for that effort. Depending on your local laws, there may not be any requirement that the landlord care for your belongings.


Shoud the landlord pay the renter for lost of personal property due to a faulty plumbing fixture in a rental causing a basement flood?

Generally, No. That's what your renters insurance policy is for. In certain limited cases, your landlord may be responsible if the damage was caused by negligence. For example, you report a water leak, the landlord does nothing and lets it leak for weeks. Gross negligence, such as that example, may make your landlord responsible for the damage, but you will need to PROVE the negligence, with real evidence (e.g. not he said/she said stuff).


Who is responsible for your personal safety?

You are responsible for your personal safety.


Can Landlord hold personal property for back rent?

No.


Can a landlord keep your possessions after an eviction?

How a landlord deals with your possessions vary from state to state in terms of law. In Florida, for example, your landlord can keep your possessions, while in South Carolina, your possessions must be moved to a curbside where you would have access to them to remove them. If the property remains there after three days then the landlord can arrange for them to be disposed of. And in some states the landlord has to place the items in storage, of which the tenant will be responsible for its fees.