Real Estate Investor · Houston, TX · Member since 2015 · 24 posts · 16 votes
While having flooring repairs done from under the house an antique Christmas garland with glass ornaments fell off the wall and broke. Is it my responsibility as landlord to replace this priceless item? If so what value do I put on something that cannot be replaced?
The test is reasonableness. So what would a reasonable person foresee as potential damage and what reasonable steps would be taken by that reasonable person to prevent that damage.
Realtor · WV · Member since 2018 · 454 posts · 310 votes
7y
@Michaelina Stathakos
Defer to your lease. Does it have anything in it that would cover anything like this. Also look at local laws and customs and see if you are required to do something.
When I do any work as a contractor and their are people living In the unit or close by I always drop off a flyer prior to construction explaining that there could be vibrations and please put away anything that could fall and break. For instance if you are putting hardwood flooring down you are for sure to knock things off the walls in the unit below and blow out there light bulbs. I would always favorite these things into any job that I was in charge of.
I would guess that your lease and local laws don’t make you liable but I would advise if you haven’t specifically covered this with the tenant then do what you think is right.maybe knock off a little from next months rent. A little can go a long way with good Will.
Good Luck Aaron
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@Michaelina Stathakos it is interesting how you automatically conclude that it is the tenants fault. I am sure when the tenant secured the item to the wall, they didn't take into account that the property would be shaking due to construction work. @Mary M. had a good question, did you notify the tenant of construction and house shaking ahead of time?
Totally different @Milian Bonillo an earth quake is an act of God. Most standard leases protect landlords from acts of God, but this is the result of construction work that the landlord chose to do. I have glass items all over my living room that are not bolted to the wall. I don't live in an earthquake zone, so my house shaking is not a concern of mine.
As far as the actual value of the item, even if she had insurance, it would only cover replacement value minus deductible. Emotional value isn't part of the value. The actual value of that ornament is probably under $10, so that would be the extent of the liability. If a contractor causes damage, they should be responsible.
Would you be mad if your neighbors construction project shook your house and broke your belongings? What if the neighbor told you it was your fault for not properly securing your belongings?
I know you are having fun with mocking your tenant about the ornament being priceless, but you honestly have no idea why she feels that way. My wife has antique glass ornaments that her parents passed down to her and they are both deceased. She places very high value on those ornaments because they are a reminder of special memories. It is not about the physical item, but the memory.
I would give the tenant an apology and leave it at that. Very often all people want is to have their feelings recognized and it costs nothing to do that.
Investor · Columbus, OH · Member since 2015 · 625 posts · 601 votes
7y
@John Clark I'm sorry your priceless egg was broken John. You were warned that foundation work would be done on the property several days in advance. It was negligent of you to leave stuff on the walls after you received proper notice the work was happening.
@ Matt P. , not sure that would be sufficient warning, Matt, but in the meantime, the original poster's scenario did not mention ANY warning being given to the tenant about the need to move things or the extent of the vibrations, so the landlord is still liable.