Skip to main content

Is my Landlord Liable for Damage to my Property?

I think my landlord damaged my property (TV and stand) while working in my apartment. He says he did nothing, but my stand mysteriously collapsed on the day he was fixing my lights. Does Massachusetts law require him to pay for the damage?
-- (Posted by LJ on the Forum Chat Room.)

Massachusetts law allows you to seek compensation from your landlord if you can prove that your property was in fact damaged by your landlord and that his actions (or omissions) were negligent or intentional. If you go to small claims court, you will have to prove (by a preponderance of the evidence) that your landlord did something to your TV/stand to cause the damage. Your landlord might argue that he never touched the stand, or that he merely brushed against the stand and it collapsed because or YOUR negligence in assembling the piece. If you meet your burden of proof at this first stage, you will then have to prove your damages: either the value of the property to be replaced or the cost of repairs.

Your landlord may also be liable for damages caused by his inaction. For example, if he fails to correct an electrical problem after being notified of its existence and a resulting fire damages your furniture, he may be liable.

Tenants can protect their property even in situations where no party is at fault (such as water damage caused by a broken pipe) by purchasing renters’ insurance.

Talk to a Lawyer Today
Find a Landlord and Tenant Attorney in your County
Most offer FREE Consultations

Recent Posts about Massachusetts Laws

ForumLast post
I dropped my car off for repairs at a MA mechanic in my town. He had to keep the car for a couple of days to ....
Sorry about the charges, but I think the mechanic is following the law....
2/4/2012 07:03
by WinnD
Hi, there. I'm hoping to find some clarity with a landlord situation I'm currently in. Apologies for the lengt....
Short answer for a long question:  You need to review Massachuset....
2/4/2012 00:02
by klp
This could be posted in another forum as it relates to an estate, but the question really is specific to the d....
2/3/2012 09:35
by dcollins166
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so.  In terms of civil liability (as opposed to cri....
2/3/2012 07:17
by Coller
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
2/2/2012 18:50
by JGraul
I work for a small human services company in central mass as an outreach counselor, and have been employed for....
2/2/2012 11:41
by medic25
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
2/2/2012 08:07
by Sister6
I just got served been divorced since 1999 ex is looking for more support and college expenses, divorce decree....
Hi. Since any matters in the divorce order or agreement relating to th....
2/1/2012 19:16
by customsporty
I recently found out my parents (70 and 69) have not signed up for Mass Health, nor do they have any other hea....
Try starting at the MA Office of Health and Human Services.  Good....
2/1/2012 12:02
by Str8755
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
1/24/2012 11:47
by RRM
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
10/2/2011 18:37
by Anonymous