Storm damage, who is responsible, landlord/tenant?

[pjr]

What is the name of your state (only U.S. law)? Maine
My business is a tenant at will. Landlord live out of state. Building is in disrepair. A recent storm (60 + mile an hour winds) tore my sign loose. A tether that was holding my sign broke 14 of the 16 pains of glass in my store front. I had already given notice to my landlord that I was leaving and this happened 5 days before I was to close. I notified the landlords wife (Landlord does not take calls from tnenats) about the damage and was told by her that I will have to pay for the repairs as they have no insurance on the building. The building is over 100 years old. There has been no upkeep on the building in the 5 years I have been there. 4 of the 16 windows are app. 4 ft by 6 ft. and are plate glass. City ordinance now states ground level glass is ti be safety glass. My question: Who is responsible for the repairs?

 

[FarmerJ]

What does your written lease say about ANY repair problem?

 

[pjr]

There is no lease. The landlord has refused any and all leases with the tenants of the building. My business closed on Nov. 30th. I just received an email from the landlords wife telling me I need to put the deposit down and make arrangements with the glass people to pay for the repairs so they can do the work. If the building had been properly maintained the sign would have held. It was actually a steal plate on the front of the building that my sign bracket was welded onto that pulled away form the building. When the sign was hung 5 years ago my contractor told the building owner that the steal plate was loose and needed to be tended to. The building owner (landlord) did nothing to address the situation. As a result the strong winds pulled the plate from the face of the building which put stress on my sing causing it to break form the bracket and pulling the teather from the rotted wood. Sorry about my spelling errors. Long day and I'm wiped.

 

[Alaska landlord]

Tell the LL to suck an egg. Having insurance on his property is his obligation and you are not responsible. If he sues you, make sure you show up in court.

 

[ecmst12]

When damage is caused by an act of god, the tenant would be responsible for repairing damage to his property and the landlord is responsible for the damage to the building itself.

 

[You Are Guilty]

When damage is caused by an act of god, the tenant would be responsible for repairing damage to his property and the landlord is responsible for the damage to the building itself.

Not necessarily. This appears to be a commercial lease, not residential. Commercial leases may include a "tenant is responsible for everything" clause. Particularly here, where the tenant's sign caused the damage, I think the LL has a pretty good shot.

The one defense that stands out is the potential betterment of the window panes. Damages are typically computed as value of what was broken at the time it was broken. New, tempered glass is clearly a step up from what was there. Arguably, tenant is only responsible for a pro rated portion of the new panes equal to the value of the broken windows. (Of course, LL is going to argue that it's not his fault the code changed and he leased the place with windows in place and should get it back with windows. Whether a court buys it is anyone's guess, but I think the tenant has a better shot in this argument).

 

[pjr]

OK. I can understand having some responsabilty BUT, A contractor told the LL 5 years ago that the metal plate that the sign bracket was welded to had come loose from the building face and needed to be taken care of. Mind you the bracket was in place and the LL insisted that my sign be hung there. 5 years and he never addressed the loose face plate. Does the LL not hold some responsibilty for his neglect?

 

[FarmerJ]

If you do not have any kind of written lease I cannot imagine how the owner of a commercial property would be able to sucessfully sue and make a comercial tenant pay for upgrading repairs that are caused by weather. Let alone with out the LL having a written lease of any kind stating what you are responsible for they will have to sue you , dont be surprised if they attempt to, it is not your fault they did not have insurance . On the other hand while you shop for insurance for your next location ask the agent about what happens when a property is damaged by acts of god and your forced to relocate if the owner has no ins or refuses to repair. its worth at least asking

 

[pjr]

The interesting thing about insurance is mine would cover any damage to the contents of the store due to loss by theft or damage. It also covered me if someone got hurt in any way including if a piece of merchandise caused injury after it left my shop. I had an antique shop and with old furniture ther is a possibility of splinter of breaking of a chair etc. It did not cover this. Damage to the building regardless of how it is caused. I can understand my responsibility here if my sign was improperly installed but it wasn't. The sign broke as a direct result of an act of God and neglect to the building.