As a renter can landlord use security deposit for acts of god?
I rented a house with a roll up awning. I was out and some high winds bent the awning. The landlord claims I am supposed to roll up the awning when I leave the house, so I am responsible. Is he correct? Isn’t this an act of god? Would I be responsible if a lawn chair blew into a window because I failed to put the lawn chair away?
There are no awning instructions verbal or in the lease. The state is Florida. I don’t see anything in the lease about acts of god. Only:
Risk of Loss / Insurance
A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.
B. Tenant should carry insurance covering Tenant’s personal property and Tenant’s liability insurance.
It was your responsibility to roll it up, so you are on the hook for it, not G-d. Same goes for lawn chair.
I think he might have a case if he had standing instructions to you concerning the awning and lawn chairs.
I depends on your state since the laws change from state to state. It also depends on what it says in your lease. Does it say anything specific about acts of nature or maintenance involving the awning? In my state, you cannot be responsible for acts of nature. You cannot possibly predict that the high winds would bend the awning or that a chair would blow into a window.
Either your lease or the laws of the state in which the rental is located would specifiy who is responsible for acts of god.
If you failed to follow specific instructions in the lease concerning the awning, and it could be proven that your failure to follow these instructions resulted in the damage to the awning, then you would be responsible.
However, there is no guarantee that had you rolled up the awning, damage / severity of damage would not be the same.
I would say if there are no state or contractual rules, then it would be up to your landlord to cover acts of god to the house, and yours for the contents.
Was the agreement in writing and notarized? Just say you had amnesia and didnt remember what and when your landlord said that. Prove that the wind caused the awning to bend. Are you sure it wasnt bent in the first place?
This is not an “act of god” but an act of neglect. You neglected to put the awning away, you are the cause.
Common sense should have negated the need for written instructions.
I live in Florida. I know someone who was questioning about hurricane shutters on a rental. She found out that unless it’s specified in the lease, the renter is under no obligation to install shutters. However, she could not demand payments from the landlord for damage to her belongings regardless if the landlord installed the shutters or not.
This sounds like the exact same thing. In florida, it’s the renter’s responsibility to insurance for the contents of the house, it’s the landlord’s to insure the house….
I think a court would agree that you were negligent, and that it is your responsibility to either know or find out how to properly care for the awning. The question is, (1) could you reasonably have predicted high winds and (2) would the awning still have been damaged if it was rolled up?