If a tenant’s picture falls and breaks a pipe which in turn causes a flood in the apartment, is the landlord responsible for repairs?

Asked on September 8, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is a case where the tenant could be responsible for paying for the cost of repairs: the issue is whether the tenant was negligent, or careless, in how he or she hung the picture (e.g. too small a nail; hung it on wall that couldn't support the weight; too heavy a picture generally to hang like that; didn't put the nail or screw in correctly; etc.), in where the picture was  placed (should it not have been over the pipe?), or in knocking the picture down and causing it to fall. If the tenant was at fault in some way, then the tenant could potentially be held liable for the damage; if the tenant were not at fault, however, the it would be the landlord's responsibility.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.