I just had a new hot tar roof put in over a month ago. Well, some next door apartment tenant decided to go on my roof and put up a small satellite dish without my permission. He damaged the tar coating on the sun porch roof with a ladder. But the question is who is liable: the land lord or the tenant?
A lawyer would sue both and let the jury decide. Seriously I would tell them both that you are holding them both liable for the cost of repair and present both with a bill. If landlord pays it will probably come out of tenant's security deposit.
Assuming the damage is more than cosmetic- I would complain to the landlord and to the neighbor. I would ask the neighbor to prove that the damage does not reduce the function of the roof. If that cannot be proved, I'd ask the neighbor to repair the damage. Make sure the communications are well documented. Follow up with legal action if you are not satisfied with the response. A truely damaged roof can be expensive to repair and can cause expensive damage.
TB
Depends on which one did it. If the landlord did it for the tenant, then sue the landlord. If the tenant did it for themselves, then it is the tenant that should be sued.
I bet judge julie would say that!
snipped-for-privacy@bellsouth.net (Tom Baker) wrote in news: snipped-for-privacy@posting.google.com:
Thanks for both of your advice! The tar coating, where the ladder's was at is gone completely. I can see metal sheathing.
Rae wrote: >I just had a new hot tar roof put in over a month ago. Well,
I'm sure the roof can be gooped back into shape with a bucket 'o tar and a spreader. The tenant probably violated his lease agreement when he went up on the roof, if that helps. Tom, who HATES flat roofs. Someday, it'll all be over....
Since he went and put the dish on somebody else's roof I'd call it trespassing at the very least.
If the dish is on your roof, you could always try unplugging it, and setup a camera to see who comes to investigate.
The tenant.
Ian Stirling wrote in news:gledc.31044$Y% snipped-for-privacy@wards.force.net:
The dish is on his roof. I wonder why he would climb on my roof when he could have climbed up his landlord's roof. Anyway, I went to his apartment today but no one answered. I left a written note notifying him that I try contacting him and explaining the damage he caused. I will make another visit tomorrow. If it's not sucessful, I will contact the landlord.
snipped-for-privacy@aol.com (KenKM) wrote in news: snipped-for-privacy@mb-m15.aol.com:
I contacted the roofing contractor, who put in the new roof, so he could come out and check the damage and see how much it would cost. I told him what happened. He said I should file a police report because the guy trespassed on my property.
No sense in doing that yet. Get an estimate and see if the guy pays. The police have better things to do.
I'm a landlord, and I've been to a seminar on landlord-tenant law, which probably still doesn't make me an expert. But I don't see how the landlord could be directly liable, especially for a single incident. A persistent pattern of abusive behavior by the tenant *could*, if tolerated, make the landlord liable. The tenant was not acting under the advice or supervision of the landlord when he did this (and no landlord in his right mind would suggest trespassing without permission).
Nevertheless, notify the landlord of his tenant's transgression. Are you sure the dish is up there with the *landlord's* permission?
Of course, this could easily earn you some midnight vandalism, if you end up taking the guy's sat TV away. Is that worth it to you?
WRONG!! This could result in a lawsuit or at least in small claims court. The injured party will have much better standing with documentation all the way. Investigating a case of trespass, especially with damage, is what the police are paid to do.
Harry K
Since he didn't file immediately he might as well wait a few more days before calling the police and filing a complaint.
Dan Hartung wrote in news:c555n5$2pi4f7$1@ID-
205723.news.uni-berlin.de:I haven't involved the landlord in the dispute just yet. I have talked with the tenant about the situation. He is being cooperative and is going to settle the situation by paying for the repair costs. My roofing contractor is going come out either today or Monday to get the estimate costs. Then I'm going to present the charges to the tenant and have us both sign a written agreement which shows the dispute is settled.
All well that ends well, I hope. Someday, it'll all be over....
This is Turtle.
Word of Warning here. Don't sign any agreement till the roofing contractor is paid in full and the bank has cleared the check. If the other fellow happen to stop payment on the check. the contractor will come after you for payment as you being the owner of the property and ok'ing the work. Contractors go after the owner of the property and not third party member of a agreement.
A good fast way to settle this is have the other fellow sign for the work and prepay the cost and everybody goes their own way.
TURTLE
"TURTLE" wrote in news:c5h4cs$1ik7h$ snipped-for-privacy@ID-79743.news.uni-berlin.de:
I have the estimate of what it will cost now. I'm waiting on my neighbor to follow through on his promise of paying for the damages. Another thing is that I contacted the company who installed the satellite dish. They acknowledged they used my roof but said the tenant was liable because he said they had permission from me to use my roof. That is not true. If my neighbor doesn't follow through, I will have no choice but to take him and the satellite installer company to small claims court.
this is Turtle.
One thing here. let the TV company that you know they are not responciable but you had to list them as a part of everybody. Your Nabor will have to pay but the TV company will be on yourside when you go in there. It will be cut and dried with the TV company talking.
TURTLE
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