By Robert Griswold
Question: While on vacation, a tenant arranged for a friend to care for his cat. While in the apartment, his friend left the door of his three-year-old refrigerator open, causing the freezer to defrost. The leaking water traveled through the sub floor and emerged in the kitchen ceiling of a lower apartment. The damage was so great that the ceiling had to be removed, replaced and repainted. In addition, the cat was allowed to escape from his apartment and defecated on the common-area carpet. There is a standard month-to-month lease in effect, requiring that the tenant be liable for damages caused by a guest or invitee. Who is responsible for the damages?Property Manager Griswold replies:
Based on your description of the facts, the tenant is clearly responsible for the negligence of the friend. The tenant should make a claim to his renter's insurance policy carrier. The landlord should also file a claim with his/her insurance carrier so that the repairs can be done right away and then the landlord's insurance company can subrogate the paid claim with the tenant's insurance policy or directly pursue reimbursement from the tenant if they are uninsured.
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