Landlord liable for tenant's accident in the condo complex?

Question

A week ago, my tenant caused minor damage(bent a bit) to a neighbor's utility line support beam while driving a rented u-haul. My tenant called police/fire and no safety issue found, and also started the process of insurance paying for the damage repairing.

But this neighbor thinks the insurance process too slow and insists that my tenant or me to give her credit card number  so that she can use her favored contractor to fix the support beam in next 48 hours, otherwise will file lawsuit against landlord.

I do not think this person is reasonable.  Is landlord responsible for a tenant's accident? I can not figure out how the landlord can be held accountable in this case where no association rules are violated and it is just an accident and my tenant already took responsibility to fix it.

Jason Bott · Answer

@Herbert Wu Unless your tenant was acting on your behalf, or is an employees of yours or hired to work on the property, I do not see how you could be responsible.  This is an auto insurance claim against the driver, who just happens to be your tenant.

Account Closed · Answer

Heck no.  Tell her to go ahead and sue, and that by then it will have been fixed, and since you will win the lawsuit, she'll have to pay for your legal fees.  But, hey, go ahead if you feel the need to sue me.  But, give you my credit card number?  Not in a million years, lady.

Herbert Wu · Answer

Just got back from a trip and here are the updates on this issue:

- My tenant's auto insurance company State Farm requested home ownership proof paper work from the neighbor and she refused to provide. I do not know the reason.

- Subsequently a few days later the neighbor actually hired a layer and he sent a letter to my tenant (CCed me) that Aug. 26 is the deadline  of repairing the damage or face possible legal action(small business court) without further notice. I am not implicated in the letter. I guess that State Farm attorney may provide my tenant some help on what is reasonable time to do the non-emergency repair if a lawsuit actually is filed by this neighbor's lawyer after Aug. 26 deadline.

Bill Gulley · Answer

Auto accidents on premises are not a landlord liability matter, generally, I say generally because you can be found negligent if you fail to provide reasonable traffic notices, signs or warnings for drivers. An example, car drives through a parking lot at 27 mph and some kid dashes out between parked vehicles, kid dies. The owner had responsibility in that because they failed to post a reasonable speed limit sign for the conditions, like 5 or 10 MPH.

That's why they invented speed bumps, LOL

You're and your agents and employees are in a different boat if you or they cause an accident. That's under your auto policy or for agents/employees your liability coverage.

This trailer mishap is on that driver as mentioned above, you're not involved. :)

John Madrid · Answer

While on the subject...I just cancelled my contract with VACASA VACATION RENTALS who was enjoying a 30% commission on every rental.  A water leak was reported, I called the contractor to repair it.  When the contractor showed up, during normal working hours, it took about 3 hours to repair.  The  mold was repaired.  At that time the management company did not notify me.  VACASA DECIDED to reduce the weekly fee from $3,300 to $1,415.  I told them that had they called me and said that there was mold.  I simply would have said have them immediately vacate and my insurance will contact them.  Apparently the three more days were tolerable especially at that rate.  Caution, don't be afraid to simply say, my insurance will handle it.

Colleen F. · Answer

She needs to call her insurance and they will fight with the tenants insurance, that will speed it up.  Or she needs to call the insurance company of the tenant if she wants it quicker. It is not your business.  If the tenant hit her car or the house it would be the same.  It took a year to settle when a truck hit my house so good luck to her.

One other time my employer hit my landlords car, each them brought it up to me and I had no response (young and clueless at the time), that was actually the best thing I could have done.

Jennifer T. · Answer

She's really being obnoxious, but then, there are a lot of crazy people out there.  It's no different than  if her and your tenant got into a fender bender.  Would she expect payment within 48 hours for that?  Insurance companies involve some time and paperwork, but usually not much.  Of course, she could always just get it fixed herself now and then submit the bill to the tenant's auto insurance.  I doubt she would have to wait more than one month for payment.

Now, if your tenant did something from inside the unit that damaged her property, like letting the bathtub overflow and her unit had water damage...than it would be reasonable to expect payment from and include a LL in a potential lawsuit.

But even then, just expect someone to blithely hand over the credit card?  Totally nuts.

Is this bent pole even an emergency?  Because it doesn't sound like one.  I'm assuming she has been in touch with your tenant's auto insurance and has a reasonable expectation they will be taking care of it.  So I'm not sure why the rush and franticness.

Herbert Wu · Answer

Thanks for the advice!

I talked to the  lady firmly that the landlord is not liable and she may proceed to sue if she wants to. She seems back down a bit by extending the 48 hour deadline to a week. Hopefully she will stop from here.

Herbert Wu · Answer

Hi Jason,

Thanks very much for the help to make sense of this!

Herbert

Landlord liable for tenant's accident in the condo complex?

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