Storm Damage in a Rental Property: Who is Responsible - Landlord or Tenant?

When a rental property suffers damage from heavy rains, gale-force winds, or hail, as happened in KZN recently, determining who is responsible for repairs can be challenging.

Landlord Liability

Under common law, landlords are responsible for damage to the property caused by unforeseeable and uncontrollable events. Natural disasters such as tropical storms, bushfires, and hailstorms fall into this category.

For example, if a hailstorm damages the roof or heavy rains cause flooding that soaks the carpets, the landlord must repair this weather-related damage. This principle ensures tenants are not burdened with costs resulting from events beyond their control.

Tenant Liability

Tenants, however, may be held liable for damages resulting from their negligence. Negligence implies a failure to exercise the level of care that a reasonably prudent person would under similar circumstances. For instance, if a tenant leaves a pot on the stove overnight, causing a fire, they are liable for the repair costs unless the landlord's insurance covers the loss. This highlights the importance of tenants adhering to safety protocols and maintaining the property responsibly.

Mixed Liability Scenarios

Liability can become tricky when damage results from both uncontrollable weather and tenant negligence. Consider a tenant who, enjoying the rain, leaves windows unlatched and doors open during a violent storm, resulting in smashed window panes, damaged doorframes, and broken chandeliers. In such cases, determining liability can be contentious, especially if the damage is not covered by insurance. Both parties may need to negotiate repair responsibilities based on the tenant's negligence versus the impact of the uncontrollable event.

Sectional Title Units and Body Corporate Responsibilities

In sectional title schemes, such as apartment blocks, the Sectional Titles Act governs the situation. According to Section 37, the body corporate is responsible for repairing any damage to the common property, including roofs, garden areas, pools, and outside walls. Therefore, tenants and landlords in these properties should be aware that the body corporate handles repairs to these areas, ensuring that the common property remains in good condition regardless of individual liability.

Understanding the responsibilities of landlords and tenants regarding storm damage is helps maintaining a fair and functional rental relationship between the parties.

While landlords are generally responsible for uncontrollable weather-related damage, tenants must avoid negligence that could complicate liability issues. Clear communication and sticking to property maintenance guidelines can help both parties manage these situations effectively.