Question:
In the case of a residential tenancy, are there liabilities placed on the Landlord, in addition to those set out under the Residential Tenancies Act?
An unexpected thaw and violent winds have happened. Let’s say a random piece of ice comes free from a landlord’s roof, and slides off, onto a tenants’ car, causing minor damage.
Who is responsible?
Answer:
You were very careful to indicate that this damage occurred without any negligence on the part of the Landlord.
In these cases, the law leaves the damage with the party who initially sustained the damage. There’s no justifiable reason to involve anyone else. It a sense it “befalls where it falls”.
Most Tenants will have insurance on their vehicles. This incident would be covered subject to the payment of a deductible.
This is the type of claim that a Landlord could easily avoid in all cases.
In terms of insurance, a Landlord should always insist upon being included as an “additional named insured” on the Tenant’s policy, and include a “waiver of subrogation”.
If the Landlord took those steps, neither the Tenant nor the insurer could take steps to recover the claim, even if the Landlord were negligent.
Brian Madigan LL.B., Broker
Comments 10
somewhat related, but adding a couple of factors. the garage has a known issue where the ceiling/wall leaks/crumbles. a few spots are already experiencing this. my current parking spot didn’t have any pre-existing issue. but after winter, unbeknownst to everyone, my spot developed a leak, pieces of the ceiling/wall crumbled and damaged the car.
is the landlord responsible for getting the car damage repaired? it was reported as soon as it was discovered.
Author
Only, if you are able to prove “negligence” on the part of the Landlord.
The tree where I rent my apartment fell on my car. The tree was old and was breaking off. When I reported it the management company came and cut the tree down. Who is responsible for the damage to my car. The landlord or me
Author
Sounds like it is the Owner’s responsibility since it was an old, and decayed tree.
Over the winter, I had cleared the ice in front of the windows but couldn’t reach roof. The owner never cleared the roof all winter. Today, huge chunks fell off the roof and broke my BBQ and bench. Who is responsible, me or owner?
Author
Assuming that this is a residential tenancy, then the RTA would place the liability upon the Landlord.
My son’s car was damaged by a snow plough in the appartment parking lot where he is a tenant and his car was parked in his unit spot. The snow company has not taken responsibility even though the damage appears to be an obvious snow plough collision. His landlord is not taking responsibility either. Our son is unable to work and lives on very little income and would prefer not to have to go to his insurance company as the deductible would be hard for him to find. Does he have any recourse with his landlord?
Author
Likely no.
That’s the reason he has his opwn insurance.
Earlier this winter a large chuck of ice fell off the roof of my apartment building above where my car is parked at the back of the building in my assigned spot and smashed my windshield. I paid to have the windshield replaced at my own cost as I had no proof ice had fallen and broken the windshield as it had melted, however I flagged the issue of falling ice and lack of proper safety measures at the back of the building to the landlord. They closed my request with no action to address the problem. Recently I noticed massive icicles and snow forming on the roof above my assigned/paid parking space, took photos and flagged it to the landlord. No response or action was taken on their part. Today the ice fell off the roof and significantly dented the roof of my car and removed paint down to bare metal. I have photos of the icicles before and after it damaged my vehicle along with the damage. There are no caution signs posted around the building to warn of snow and ice falling. Do I have any legal ground to stand on that my landlord is responsible for the damage to my vehicle in both cases?
Author
The Landlord would know this.
You put them on “notice” and now you have the evidence in “pictutres”.
So, sue the Landlord.