Am I responsible when contractors I hired broke tenants' stuff?

Question

Hi all,

Recently I hired an independent contractor (great reviews on Yelp) to fix a few appliances in the kitchen. Things were fixed perfectly, however, the contractor brought some minor damages, for example, scratching a large piece of the wall so heavy marks were left, breaking an espresso machine somehow by putting heavy tools on top of it, and tainting a few tablecloths and other personal items...

The wall was repainted instantly. Now the tenant is asking me to pay for a new espresso machine and some cleaning service.

My understanding of the law is that I'm only responsible for the appliances and the wall. It's unfortunate that their personal belongings were affected but it is this contractor whom the tenant should go after. Or they should let their renter insurance kick in. I can help with channeling the conversation. But I'm not the one to pay for these expenses out of pocket. I'm also happy to settle because I want them to feel happy but I also want to let them know that I'm doing it out of courtesy and a good intention, not because I'm obligated to.

Am I right?

Much appreciated!

Jonathan R McLaughlin · Answer

ok..some of those espresso machines can be very expensive probably worth it for a tenant insurance claim which is what this should be. I suppose they can save you money in the long run if you are an addict by keeping you out of coffee shops. At least thats what we told ourselves during covid :)

But unless the guy took a wrench to it in anger your tenant is likely blowing smoke about the damage. I'm kind of fascinated by what they think he did. Maybe, just maybe they knocked off the bean feeder which can stick out above stuff on some models. They sell replacement parts ya know.

Calling BS on it, and I bet they don't convince the insurance company either.

Chris Davidson · Answer

@Saikhantal Yu I would not suggest any lawsuits. Give it time and communicate clearly. Let the tenant know you are working with the company that caused the damage and working to resolve the issue.

If they don't resolve it give their info to the tenants, and hopefully you get removed from the issue. If all keeps failing address it from there and by that point you should have a lot more info on what really is the issue.

Saikhantal Yu · Answer

Hey! Thanks so much for your kind response. Yes, I was stunned when I heard how things were messed up. I talked to the owner of this company already and so far they are pretty cooperative to provide follow-up remedies, such as repainting the wall for us.

However, I'm less certain about how I should handle the relationship with the tenant if by any chance the contractor is reluctant to pay for the costs associated with cleaning or replacing the items. Should I suggest my tenant sue the contractor in the small amount court? File the insurance claim against them directly? And if I should make it very clear to my tenant that I feel apologetic and I'm willing to do whatever I can to make you feel better but lawfully I'm not responsible for your personal belongings.

Nathan Gesner · Answer

The one causing the damage is responsible, which means the contractor is on the hook. However, you hired the contractor and therefore share a section of blame. If the Tenant hired the contractor, it would be the tenant's problem.

The first thing I would do is verify the contractor was at fault. It all sounds fishy to me. If the claim appears valid, I would speak with the contractor about compensating the tenant. If they refuse, I would compensate the tenant, never hire that contractor again, and probably leave some negative reviews online.

Am I responsible when contractors I hired broke tenants' stuff?

Am I responsible when contractors I hired broke tenants' stuff?

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