tenant liability

[ellyn]

tennessee, my son and his wife signed a lease over a year ago, it terminated 12/31/00, he never signed another lease or a month to month agreement. his washer overflowed which saturated his apt and the apt below. my son helped remove the carpet, they rented equipment to dry the apts, laid new padding and put the old carpet back. the apt manager is saying my son is responsible for all expenses that have occured, including personal items that the other tenant had damage too. i want to know legally is he responsible for the apt below and since he has not signed another lease this year or any other agreement is he even bound? nowhere in the lease does it state that after the end of the lease an agreement will be on a month to month basis.
please help.

 

[LL]

The lease probably (even in Tennessee) doesn't have to state that after the end of the lease an agreement will be on a month to month basis.

What do you think is the basis on which your son is living there?

He is responsible.

 

[ellyn]

i am also a owner of rental property, i know for a fact
that a renter in va is responsible for renters insurance
that only coverers their belongings and liabilty of injuries
it does not cover other dwellings. in va a lease unless it is renewed yearly the contract is not binding. i am not saying my child should not be liable for his own damages but i know i have insurance myself to cover any damages that any tenant occurs. thanks for your opinion.

 

[LL]

i know for a fact that a renter in va is responsible for renters insurance.
Does that mean he is required to carry renter's insurance? If so, that won't change his liability. He's still responsible.

renters insurance that only coverers their belongings and liabilty of injuries it does not cover other dwellings.
What about liability coverage? It doesn't change that your son is responsible and liable. It means that the insurance company will pay for your son's liability, if he is covered.

in va a lease unless it is renewed yearly the contract is not binding
Check VA law. I would be curious what happens if a lease expires and the tenant stays on. That must happen pretty often. The tenant must be under some conditions of tenancy. What would those conditions be? I don't think that it changes the picture of your son being liable.

i know i have insurance myself to cover any damages that any
tenant occurs
I never heard of this kind of insurance. Where can I get it? I have liability insurance, but that covers me, not the tenant.

 

[ellyn]

Not an attorney, but
an experienced California landlord
I SWEAR I THINK YOU SHOULD CONSIDER REAL ESTATE LAW AS A PROFESSION. I HOLD A VA REAL ESTATE LISCENSE... I GUESS US BEING THE HILLBILLIES OR I SHOULD SAY THE CLAMPETS WE ARE, IS WHY WE STILL ABIDE BY THE OLD LAWS.