damage to premises

This is a discussion on damage to premises within the Construction & Renovation forum, part of the REAL ESTATE & PROPERTY LAW category; We recently moved from an apartment in NYC. The apt has a porch with a drain. In May there was ...

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Old Oct 12th, 2006, 11:10 PM   #1
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Default damage to premises

We recently moved from an apartment in NYC. The apt has a porch with a
drain. In May there was a bad storm with pouring rain and debris, no one
was home that weekend. Upon our return we discovered minor water damage
inside the apt and immediately informed our landlord so as not to be
charged as we feel it was not our fault. We suspect that the drain could
not handle the amount of rain, and overflowed, or perhaps debris clogged
it. Note that instead of bars surrounding the porch there is a solid wall
so the drain is the only way water can escape. There were no doors or
windows open to allow water in.

The landlord is now charging us for the damage via our security deposit
and says it is our fault because we should have better cleaned the drain.
He said it is the same if we hadn\'t cleaned the bathtub drain and water
overflowed, which I do not agree with. What do you think? Are we
responsible?
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Old Oct 13th, 2006, 10:11 AM   #2
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If it was caused by a storm or other outside force you generally are not responsible. If you left it clogged and full he may have some claim as you were responsible for the area within your control--as opposed to the outside roof, yard etc.

You will want to emphasize that all was fine until the storm.
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Old Oct 6th, 2009, 02:59 AM   #3
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Default Re: damage to premises

As per you have described the situation you are not responsible for that.But Landlord can claim for the damages because the premises are possessed by you.You should talk to your landlord and try to convince him .Though if he charges minor then it's OK! otherwise you should go to take legal action against him..
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