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#1
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Liability of home warranty company to tenant/renter?
Greetings,
My question is if the liability of a home warranty company extends beyond the home owner to the tenant/renter of the covered home. The warranty is in the name of the home owner. A/C stopped working in the covered home. The temerature in the home reaches 90+ degrees without the A/C working, making it uninhabitable. As a result, tenant/renter was displaced and rented a hotel room. State law provides recoverery of the cost of suitable housing at a rate of not more than 25% above the periodic rate. The daily rate is $30, so tenant's maximum allowance is $37.50 per day. Home owner has made attempts by way of the warranty company to resolve the issue, and so cannot be viewed as being neglegent. If it can successfully be argued that the warranty company acted with neglegence, does the tenant have a cause of action against the warranty company directly? |
#2
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Liability of home warranty company to tenant/renter?
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#3
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Liability of home warranty company to tenant/renter?
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#5
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Liability of home warranty company to tenant/renter?
The warranty company's liaility is spelled out in thewarrantycontrat. Ther
is o "prvity" between the warranty company and the tenant. Probably o liability by the warranty company o the tenant. I expect that the warranty contract has aclause or clauses that limit liability to oly the owner, and provides no overage whatever if the house is not owner occupied. What is the tenant'sproblem. () degrees isnt that ot. Buy a fan for two for the short term duration until the cgeap assed owner gets a contractor in to fix the AC. Fifty years ago in the same location it got just as hot. Folks survived; "uninhabitable" my ass. -- Jim McLaughlin Reply address is deliberately munged. If you really need to reply directly, try: jimdotmclaughlinatcomcastdotcom And you know it is a dotnet not a dotcom address. wrote in message ups.com... Greetings, My question is if the liability of a home warranty company extends beyond the home owner to the tenant/renter of the covered home. The warranty is in the name of the home owner. A/C stopped working in the covered home. The temerature in the home reaches 90+ degrees without the A/C working, making it uninhabitable. As a result, tenant/renter was displaced and rented a hotel room. State law provides recoverery of the cost of suitable housing at a rate of not more than 25% above the periodic rate. The daily rate is $30, so tenant's maximum allowance is $37.50 per day. Home owner has made attempts by way of the warranty company to resolve the issue, and so cannot be viewed as being neglegent. If it can successfully be argued that the warranty company acted with neglegence, does the tenant have a cause of action against the warranty company directly? |
#6
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Liability of home warranty company to tenant/renter?
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#7
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Liability of home warranty company to tenant/renter?
Like Mr. Putnam says, it's the landlords responsibility to get the AC
fixed, or provide a suitable alternative, home warrantee or not. I'm a landlord, and if a tenant calls me with a complaint along those lines, I do my best to fix it quickly. It's 100+ degrees today! I don't see an issue with such a warrantee in regards to_who_ lives in the house , but rather_which_ company does the work authorized by the home warrantee provider. G'luck. Tom |
#8
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Liability of home warranty company to tenant/renter?
wrote in message ups.com... Greetings, My question is if the liability of a home warranty company extends beyond the home owner to the tenant/renter of the covered home. The warranty is in the name of the home owner. A/C stopped working in the covered home. The temerature in the home reaches 90+ degrees without the A/C working, making it uninhabitable. As a result, tenant/renter was displaced and rented a hotel room. State law provides recoverery of the cost of suitable housing at a rate of not more than 25% above the periodic rate. The daily rate is $30, so tenant's maximum allowance is $37.50 per day. Home owner has made attempts by way of the warranty company to resolve the issue, and so cannot be viewed as being neglegent. If it can successfully be argued that the warranty company acted with neglegence, does the tenant have a cause of action against the warranty company directly? I seriously doubt any warrany would cover incedantal damages to the property or other related damages (rental fees for replacement apartment) beyond the cost of repairing or replacing the appliance or system covered. That disclaimer is SOP on just about every warranty I ever saw. Even my auto insurance wouldn't cover a replacement rental car unless I specifically bought that coverage. |
#9
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Liability of home warranty company to tenant/renter?
wrote in message .. The warranty is in the name of the home owner. A/C stopped working in the covered home. The temerature in the home reaches 90+ degrees without the A/C working, making it uninhabitable. As a result, tenant/renter was displaced and rented a hotel room. State law provides recoverery of the cost of suitable housing at a rate of not more than 25% above the periodic rate. The daily rate is $30, so tenant's maximum allowance is $37.50 per day. The AC breaks so you have to put them up elsewhere? What did people do in the tens of thousands of years before Ac was invented or very expensive? I recall living in a hot house in the 50's. No nanny government took us to an air conditioned hotel. That said, I doubt the warranty company has any liability unless specified in the contract. Read the fine print. |
#10
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Liability of home warranty company to tenant/renter?
Thanks to those that provided a legitimate response to my post.
For those of you that think people can live without A/C in extremely hot areas, what do you think about living in a house in the coldest climates with no heat? And sorry, but people did not live in the area where the house is 50 years ago in homes with no cooling. No A/C, certainly, but they had evap cooling at the very least. This brings up a different discussion altogether, but there can be no doubt that development in certain areas is possible and only happens as a result of modern technology. People in those areas then depend on that technology to survive; e.g. heating or cooling of buildings and homes. |
#11
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Liability of home warranty company to tenant/renter?
wrote in message For those of you that think people can live without A/C in extremely hot areas, what do you think about living in a house in the coldest climates with no heat? Can and has been done. Really, check it out. |
#12
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Liability of home warranty company to tenant/renter?
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#13
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Liability of home warranty company to tenant/renter?
It is irrelevant to you whether homeowner has warranty or not. If you are
supposed to get ac, homeowner is liable to renter. wrote in message ups.com... Greetings, My question is if the liability of a home warranty company extends beyond the home owner to the tenant/renter of the covered home. The warranty is in the name of the home owner. A/C stopped working in the covered home. The temerature in the home reaches 90+ degrees without the A/C working, making it uninhabitable. As a result, tenant/renter was displaced and rented a hotel room. State law provides recoverery of the cost of suitable housing at a rate of not more than 25% above the periodic rate. The daily rate is $30, so tenant's maximum allowance is $37.50 per day. Home owner has made attempts by way of the warranty company to resolve the issue, and so cannot be viewed as being neglegent. If it can successfully be argued that the warranty company acted with neglegence, does the tenant have a cause of action against the warranty company directly? |
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