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房客败诉,谢先前坛友建议

(2021-08-01 07:10:44) 下一个

地标南加州

小额诉讼案例简述:

A drain pipe in a 4-unit multi family crawl space broke. Water leaked into my unit garage. Tenant first sued my PM for not letting her to buy renter insurance and lose.  Then tenant sued both PM and me. She lose again.

详情见我以前的帖子。

我的法庭申诉(court briefing)摘要

I am sympathetic to my tenant for damage of her belongings due to pipe leakage, but felt it is not fair to sue me for the loss for the following reasons:

First, the broken pipe was in the crawl spade which is a common area, HOA but not the owner is responsible for its maintenance and repair.

Second,  the pipe leakage was notified to HOA and repaired without any delay. The owner could not predict when and where the pipe would break.

Third, the tenant was advised in the lease agreement to carry renter insurance.

 

法官判决:

Sympthetic to tenant but either PM or owner is liable. This is an issue between tenant and HOA.

 

 

 

 

 

 

 

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