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Landlord responsible for tenant parking issues? Parking, Access

Discussion in 'Commercial Landlord & Tenant Issues' started by Nylandlord, Sep 14, 2015.

  1. Nylandlord

    Nylandlord Law Topic Starter New Member

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    Hey guy/gals - I have question about tenant parking - the house is a small 4 family house in Westchester county, NY and each tentant has their own spot and no leases or real discussion on parking or anything - all tenants were part of the building when purchased. Anyway on tenant says that another tenant is "messing with their car" and says in the past she called the local police and they say its the landlords responsibility. Not if that makes sense - a hotel or parking lot never claims takes responsibility even when they charge $50+ per day. Hopefully someone can help me understand this.

    Thanks
     
  2. army judge

    army judge Super Moderator

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    Not quite true, OP, as a hotel can indeed be sued even when a disclaimer is made as to "we aren't responsible for any damages to your vehicle".

    Ultimately, a person asserting a claim that the landlord is responsible for damages caused to the tenant's car by another tenant would litigate such a claim before a court. The landlord would show that he or she has no responsibility for damages caused at the hand of one of his tenant's to the property of another tenant. Beyond that, however, the tenant crying FOUL, would have to PROVE that the other tenant caused the damage. Mere suspicion, or coincidence is NOT proof.
     

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