Tenant to take fall for bath damage?

Q: While on a visit, my tenant's father slipped when getting out of the bathtub. He fell back against the faucet, injuring his back, though fortunately not badly. The tub, however, which is a one-piece fiberglass shower/tub unit, is ruined. Who is responsible for the repair? --Dian S.

A: The key to answering your question is why the tenant's father fell. If he simply lost his balance or failed to be careful when stepping out of the tub, then he caused of the fall and would be responsible for the damage. In addition, your tenant would also be responsible, because tenants are legally liable for damage to the rental when it's caused by themselves and their guests.

It's probably easier for you to demand payment from the tenant, which you can do by simply using the tenant's security deposit. (After finishing the repairs, require the tenant to replenish the deposit in case you need it later for additional damage or unpaid rent.)

It's up to your tenant and her father to work things out between them -- ideally, the father will reimburse the tenant, but that's not your problem. Incidentally, if the tenant has renters' insurance, the liability portion will not cover her in this situation, because it covers only damage or injuries suffered by others that are the result of the tenant's carelessness.

Now, suppose the father fell because of a defect in the tub that you knew about (or should have known about) but failed to fix in a reasonable time. In that case, you might be responsible. For example, suppose the tenant told you weeks ago that the tub leaked water onto the floor, but you just hadn't gotten around to fixing it. You might end up being responsible (though perhaps only partially so, if you could prove that the father saw the puddle and stepped in it anyway).

Q: I am about to rent an apartment in New York. The lease says that the agreement will be "governed, treated, and interpreted" according to the laws of New Jersey. Why is the landlord doing this? Is it legal? --Keith F.

A: Your landlord has inserted what's known as a "choice of laws" provision in your lease. I'll bet that the landlord lives in New Jersey, has a New Jersey lawyer, and would prefer that New Jersey law be applied in any dispute, simply because he and the lawyer are familiar with it. They may also think that New Jersey's landlord-tenant laws are more favorable to landlords than those of New York, so applying them will give the landlord an advantage. ...CONTINUED

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