Legal Question in Real Estate Law in Texas
Condo owner's liability for renter's negligance
I own an upstairs condo. My renter accidently flooded my unit and the unit below. Damage was done to the ceiling, carpet and some personal property. My renter has no insurance or money to cover the damage to the property below.
Am I liable for the damage done my my renter's negligance?
If so, am I liable for the repair/replacement cost or the depreciated cost.
1 Answer from Attorneys
Re: Condo owner's liability for renter's negligance
Recently, The Texas Supreme Court addressed the same question in Churchill Forge, Inc. v Brown.
If the lease agreement contained language making the renter responsible for damage caused by his negligent acts, then the responsibility according to Churchhill Forge, Inc. v Brown lies with the renter not the landlord.
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