Damage to Motorhome at RV Park

[tomkat]

We are paying rent monthly. The owners hired a company to trim and mow. When I returned to the motorhome after work, discovered 2 broken windows. Went immediately to the owners and complained. They asked the mower if he knew anything about the damage and he said no. They later said they were not responsible for any damage and that I need to follow up with the mowing company. Who is ultimately responsible for my broken windows?

 

[Gail_in_Georgia]

The person who broke the windows. The problem is, how are you going to prove that the mowing company did this?

Gail

 

[tomkat]

We have been there for 6 months without broken windows. They only mowed and trimmed the grass one time - on the day that we returned and found the broken windows. We took pictures of the windows and the grass is evident along with lots of little rocks from the edge trimmer.

 

[Gail_in_Georgia]

Then you have excellent evidence to present when you contact the manager/owner of the mowing company.

Gail

 

[FlaRiptide]

The mower has already denied knowledge. The best you can do is present your evidence to the mowing company and hope that they do the right thing. Be cordial yet firm. If they don't concede, then followup with a Demand Letter which details what occured, what you expect as a solution, a deadline date for the solution to occur, and then the consequence for not abiding to the solution. Indicate that civil action will be necessary should they not comply. Provide copies of your paid receipts for having the windows repaired.

If they still do not comply, you would be better off to drop the pursuit. The expense for filing a civil case, plus the aggravation would probably not be worth it for you. Even if you won the case, there is no guarantee you would ever collect.

 

[tomkat]

Thanks to both of you for your comments. Since the mower owns his own little company I doubt there will be any recovery. Pardon my ignorance but why does the landlord (owner of the park) carry no liability in this? I didn't hire the mower all I did was pay my rent for a space that I assumed would be safe....

I just don't understand why it is my responsibility to pay for damage that I did not incur.

Again thanks for your time.

 

[MorgansDaddy]

Lets say you own two properties next door to one another, and the person from home B breaks a car window of the tenant of home A due to a rock that was kicked up by the mower. Would you go to the neighbor for recovery of damages, or the owner (landlord) of the property? You would go to the neighbor. If the damage was caused to the structure that the landlord owned or the property, then he would be able to make a claim with his insurance. However, the car is not the property of the landlord, or, your RV in this case, so it is not his property, so he has nothing to do with it.

Mind you, the insurance company would in turn, seek damages, or repayment from the person who caused the damage.

In your case though, the landlord's insurance wouldn't pay, and in the example I gave and your case, technically, the landlord is not at fault, the company's employee/owner is, meaning the landlord has no liability. Who hired the company is not relevant.

 

[mightymoose]

You should be able to make a claim on your renters insurance... assuming you have it.