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Liability of landlord for tenant's property when natural disaster strikes.

Published: 24/08/2011 12:06:00 PM GMT
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During a hurricane one evening, the goods of one of our tenants were damaged when the roof of the property they were renting developed a leak. A substantial amount of his goods were ruined on account of it. Am I financially liable for the amount that is damaged? Please advise me on this as I want to do the right thing.


Answered by

Sheikh `Abd Allah b. Mâni`

It does not seem that you have to reimburse the occupants for the damages they have suffered. You will only be liable if the building was not properly constructed or was in a state of disrepair due to carelessness and neglect on your part and the occupants were unaware of the true state of the property when they rented the place.

If the building was properly constructed and what happened was under force majeure, then there will be no liability on your part.

However, cases like this can only be decided by the courts. A judge should be handling this case and hear the pleas of both parties. He would be able to hear all the relevant testimonies and review all the pertinent documentation. He could ask for proofs and evidences and hear each litigant's responses to the evidence.

Source: Islam Today




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