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Whos responsible for repairs

Discussion in 'Commercial Landlord & Tenant Issues' started by tigerbite84, Oct 2, 2017.

  1. tigerbite84

    tigerbite84 Law Topic Starter New Member

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    Jurisdiction:
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    I had a sewage back up in a 7 residential and a commercial space. The plumber snaked the line and found paper towels in the line. He says he's 100% sure that it's coming from the commerical space since the line came from the crawl space from her unit. Tenant says the backup ruined her floors and is demanding for me to pay for the repairs. I communicated to all of the tenants that paper towels and other items are prohibited from being flushed down the toilet. The tenant says its not possible since they were closed for a week. I'm not sure if things just get pushed down the line from time. I would also think a commercial space uses paper towels to dry hands versus a residential unit would have fabric towels. Who is responsible for her repairs?
     
  2. ElleMD

    ElleMD Well-Known Member

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    Whomever owns the property is responsible.
     
  3. tigerbite84

    tigerbite84 Law Topic Starter New Member

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    Even if the tenant or her customers are negligant?
     
  4. army judge

    army judge Super Moderator

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    If the parties can't agree, off to court they must go.

    Generally the landlord would be responsible.

    Look to the leases for other interpretations.
     
  5. ElleMD

    ElleMD Well-Known Member

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    Yes. It is your property, you are responsible. If you have an actual clause in your leases that indicate what repairs the tenant themselves is responsible for, that is different.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    There's a difference between responsible and accountable.

    You're responsible for fixing your own property.

    Whether you can hold anybody accountable for the damage may require you to go to court.
     
  7. zddoodah

    zddoodah Well-Known Member

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    Please clarify what this means.

    And you are...??? The owner of the property?

    I disagree with the response that says the person who owns the property is responsible (apparently without regard to any other facts). That being said, who is going to pay to repair or replace the flooring in your tenant's unit if not you? If the commercial tenant is unwilling to reimburse the cost, then your recourse will be to sue. If you sue, you'll have to prove that the damage was more likely than not caused by the commercial tenant.
     

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