Tenant's personal property damaged by neighbor - landlord's role?

Question

I am a landlord of a tenant in a condo building.  A neighbor (who has a tenant living in their unit as well) 2 floors above's window fell out and crashed onto my tenants' brand new window unit air conditioner and her car, damaging both.  She would like $350 to replace the AC.  She does not have renter's insurance.  What in this situation is my responsibility as the landlord?  Simply connecting her with the landlord of the unit with the broken window?

Joe Martella · Answer

Doesn’t sound like your problem at all.  She should go through the other renter’s insurance.  If it was your AC unit or you caused the damage it would be your problem, but it is the tenant’s unit.  You didn’t make the item fall from the upstairs tenant and not have it renters insurance is at the tenant’s peril.

Russell Brazil · Answer

This thread is exactly why landlords are almost universally hated.

Do you have liability for it? Probably not. But you are a business owner and you have customer. Your tenant is your customer, and you have the ability here to step up and provide great customer service for hardly any money at all.

Instead of trying to figure out who owes exactly every nickel and dime, provide a great experience for your tenants. Provide them stellar customer service. Then your turnover and vacancy rates will plummet, and your tenants will start giving you referrals to other great tenants for your other units.

JD Martin · Answer

Put her in touch with the building/HOA leader and leave it there. If she had renter's insurance they would cover her damages and subrogate against the other party. If no one pushed the window out, it's probably going to be called Act of God and no one is going to pay.

Theresa Harris · Answer

I agree with Joe, it isn't your problem.  She needs to talk to the building manager/condo association as the windows belong to the building and their insurance should pay for it (assuming the window fell out and not that the upstairs tenant smashed the window).  If a window fell out, they should be inspecting all of the windows in the building.

Amy Fortes · Answer

thank you all so much for your input and suggestions!!  This was super helpful.  My end take away was that legally I'm not responsible however if I'd like to provide good customer service I may choose to support my tenant to get reimbursed as well as communicate amongst the owners and property management company.

John Mocker · Answer

Amy,

From an Insurance standpoint:

1. car damage:  Her policy should cover this under "Comprehensive" as a falling object.  She will have to pay her deductible.  If the company recovers from the unit owner above or their tenant, they normally will refund the deductible based on the % the recover.  If they get 50% of the damage they would normally refund 50% of the deductible.  She should discuss it with her insurance company.

2.  Air conditioner damage:  This is more complicated.  Because it is a condo the first thing that needs to be determined is who owns the windows.  It could be the unit owner or it could be the association.  Your tenant would need to put in a claim against the owner.  The reason for the window falling will also determine who is ultimately responsible (poor installation, Tenant removing it, contactor working on it,...)

Although neither is your responsibility as their landlord, you can be a big help by dealing with the association.  They (or their management company) should respond more quickly to you as a unit owner.

Henry T. · Answer

@Russell Brazil  Hmmm. So,  If I'm walking down the sidewalk and a car driving by shoots at me, I should go after whoever made the sidewalk? Gee, that makes sense. (eye roll)....Any tenant that rationalizes like this, I can do without. What would he come up with next?

Brett Imperial · Answer

This is what insurance is for (in this case renters insurance). Unless its some how proven that it was negligent on the part of the landlord it sounds like a tenant issue not a landlord issue. All of my leases "recommend" that all tenants have renters insurance and that the property is only insured to cover the structure in case of a incident rather it be a fire or other "acts of god". The other side of the token is for a simple $300 some bucks its probably worth doing (let them know your not obligated to do anything, but you are choosing to help) and then having the sign a release

Alex Kreeger · Answer

@Russell Brazil is 350 worth possible vacancy, or even worse, a tenant in your property mad? I doubt it. I agree with you on this one. Treat “customer” right.

Joe S. · Answer

Do you have any rentals personally?

Tenant's personal property damaged by neighbor - landlord's role?

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