Whos responsible for repairs

[tigerbite84]

Jurisdiction

Pennsylvania

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?

 

[ElleMD]

Whomever owns the property is responsible.

 

[tigerbite84]

Even if the tenant or her customers are negligant?

 

[army judge]

Who is responsible for her repairs?

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.

 

[ElleMD]

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.

 

[adjusterjack]

Even if the tenant or her customers are negligant?

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.

 

[zddoodah]

a 7 residential and a commercial space

Please clarify what this means.

Tenant says the backup ruined her floors and is demanding for me to pay for the repairs.

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

Who is responsible for her repairs?

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.