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?
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