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  1. Perp

    Damage to carpet by storm

    Don't disagree with tenants often being irresponsible and having to hold them accountable, but... if the door that was left open is set back under a balcony and requires near-horizontal rain to get wet inside, I don't think the tenant was unreasonable. Further, we have storm warnings for...
  2. Perp

    Damage to carpet by storm

    With respect, that's vague, fact sheets aren't law, and even under the most rigorous interpretation, "looking after the property" is - legally - a country mile from the tenant having "an obligation to do what they can to protect the landlords property". (As you said in an earlier post.) The...
  3. Perp

    Damage to carpet by storm

    Is this a statutory obligation? If so, under what provision of the Act? Or are you referring to the common law duty not to be negligent, which is a much lower standard?
  4. Perp

    Damage to carpet by storm

    I thought the same thing! :) I *think* he's saying similar to what I was saying. i.e. If it was a door that led onto a covered balcony, and water came in because either a) the balcony flooded, or b) the water was blowing horizontally, then the landlord pays, because the damage is due to the...
  5. Perp

    Damage to carpet by storm

    I rang the RTA and got this advice that is relevant to Queensland. Fair wear and tear - landlord pays 100%. Malicious damage - tenant pays 100%. Everything else - is up to the parties to resolve, and is usually contributed to by both parties. If the parties dig their heels in and it...
  6. Perp

    Damage to carpet by storm

    I'm going to differ; I would think it was damage caused by the natural disaster, not by the tenant leaving the door open, so the landlord should cover. My thinking is that if the damage was large enough to warrant an insurance claim, it would be a claim on the landlord's insurance, and I'm...
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