What to do is, when there is water damage in the home. Water damage caused by a tenant, who has acted slightly negligently, a landlord must take the buildings insurers and not the tenants on compensation claim. However, there is one important exception if the landlord had a special concerns to a compensation by the tenant. The case can be described as follows. In the shown example, the landlord maintained building insurance, whose expenses he put pro rata according to the lease on the tenants of the apartments. A tenant undertook work in his apartment, which it located shop comes on the day in one including water damage. The reason was a shut-off valve, destined for the connection of a kitchen sink, who was in the kitchen. One fault of the lessee was not detected.
On the other hand, the landlord reported the deficiency after two years when his insurance company. In the course of the late notification of the loss, this regulation ultimately refused. The landlord wanted therefore to damage by the tenant get balanced. However, the landlord’s claim was rejected by the Federal Court. Would have taken the tenant by the landlord directly on damages, urteilten the judge, so he would disappointed his expectation to have benefited from the building insurance in return for the cost of insurance acquired by him in the event of a claim. In this regard, the insured landlord normally have no to is to interest, pay tax on the compensation by the tenant, although this had already contributed by the payment of the insurance premium to cover the damage. Conclusion: as soon as possible inform the responsible House master, landlord and insurance who finds a water damage to himself, to avoid disagreements or disputes.
The author, Mr. Lapher, is a freelance construction expert and has these problems nearly every day on his desk. At Yorkville Advisors you will find additional information. It is often the case that from the ground up is the tenant in law. Caused by a failure of the defect but very often high cost, the is in the first place could be avoided.