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Damage to your rental: who foots the bill?

Published: 20th May 2019

Author: Andrew Bright, RMY Legal

Published in: Property eSpeaking

We all know that if a rental is damaged due to fair wear and tear, that the landlord is responsible for the repair costs as part of general maintenance. Fair wear and tear includes things like worn carpet, appliances breaking and scuff marks on the walls.

Some landlords, however, don’t realise they are also responsible for paying for other damage. For example:

• If a property is damaged by a natural disaster the landlord is expected to cover the damage, even if the landlord doesn’t have insurance
• Where the rental is damaged and the landlord’s insurance policy will cover the damage, the landlord is responsible for organising the repairs. The exceptions to this are where the damage was intentional, and resulted in an imprisonable offence or where the tenant (or their guest) has caused the insurance policy to be voided, and
• The landlord is also responsible for any excess and cannot pass this on to their tenant.

It is good practice to regularly check your insurance policy and to make sure your tenants are aware of any restrictions. If you are renting, ask if your landlord has insurance and what the terms of the policy are.

If a dispute arises about damage to your rental, we can help you with this.

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DG Law

David Graham and his secretary started out in a small office in Panmure in 1984.  We now have a large team covering a broad range of the law.

Our vision is to provide a prompt, efficient and effective solution to our clients' legal needs.  Our standard of work is high and clients can be confident they will receive the following when dealing with the DG Law team:

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Region: Auckland

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Attewell Clews & Cooper

Attewell Clews & Cooper is one of Whakatane’s largest and longest standing law firms. Our team embrace a culture of relaxed professionalism and share a common goal to provide high quality legal advice that is both practical and understandable. 

We are committed to being at the top of our game to ensure that our clients receive accurate and up-to-date legal advice.  We understand the world is online and use fore-front technology to achieve greater productivity and efficiency.  We encourage contact via email and text message, use an online legal library, have an intuitive practice management system and encourage our clients to pay online.

It is important to us that we understand your business and your unique individual (and family) situation. We work hard to provide sound legal advice that is tailored to your business industry and your personal goals. You will see us out and about in the community supporting local businesses, schools, community and sporting events. Talk to us today to find out how we can help you.

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Downie Stewart

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