QUESTION

If the washer overflows and the tenant doesn't prevent it from flooding are they responsible for the damage caused to the floors?

Asked on Mar 10th, 2016 on Real Estate - California
More details to this question:
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Only if the tenant did something wrong.  If the tenant did not know that the washer was overflowing, then he had no duty to prevent it. Lots of people turn on the machine before going to sleep or on the way out the door to work or school. Next question, did the tenant know the washer was broken and ran it anyway? Next question, did the tenant do something else negligent which caused the washer to overflow? The occupant is not liable for every bad thing that happens in connection with her or his home, unless the occupant did something wrong which caused the occurrence. The conduct has to be blameworthy. So the answer is definitely maybe. Even condo owners need to have HO-4 insurance to protect their own property, separate from the building, and their own liability for accidents. Owners renting their properties, even condos, should require their tenants to pay for renters insurance and provide proof of coverage. Renters often do not have enough assets or income to pay a judgment  when they are at fault. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Mar 10th, 2016 at 3:00 PM

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