Tuesday, February 23, 2010

We rented a beach house and a toilet overflowed causing severe damage. Owner thinks we are responsible.?

Maintenance said the valve was broke. Owner says we are responsible and agent wants to come to agreement on the high deductible. We didn't cause the valve to break. Rental agreement says


The GUEST agrees to indemnify the Owner for any damages caused by their carelessness and negligence


including, but not limited to damaged property, missing accessories, and missing or damaged linens.





Where is the responsibility of proof? Do we prove we didn't do anything wrong or does the owner need to prove we did?We rented a beach house and a toilet overflowed causing severe damage. Owner thinks we are responsible.?
thats an Insurance issue and if the valve was defective your not responcible and will not hold up in court !We rented a beach house and a toilet overflowed causing severe damage. Owner thinks we are responsible.?
The owner could basically make a claim in court that you did something wrong. Your defense is no, you didn't do anything wrong. It's then up to the owner to prove wrongdoing on your part. That would require expert testimony (by plumbers, or whatever) as to the condition of the house - as far as they can tell - prior to you renting it. And, if that condition would require negligence on your part to make the plumbing fail, or if it would have failed anyway.
defected valve is not negligent or careless behavior on your part, to wit its part of landlording for the landlord to maintain their property ,





How is the landlord claiming it was your negligence that caused the valve to break?

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