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Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I took a quitclaim deed property from my wife. In an

Customer Question

I took a quitclaim deed for a property from my wife. In an agreement it become mine on May 31 but in that agreement my wife was to provide list of issues and that any issues that occurred while she owned it was hers. The tenant notified me that he testified for the owner next door who had to evict the tenant (that tenant's dog tore up the flat roof-causing a leak). What or who should I be going after? My tenant said the damage was done a long time ago so not sure insurance was ever called or can be called.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Roger replied 1 year ago.
Hi - my name is Roger. I'll be glad to assist. Do you know how long ago the damage occurred? Also, what state is this in?
Customer: replied 1 year ago.

I don't know how long ago..im guessing more than a yr..could even be a couple yrs. The tenant said he patched it but it never was repaired right and keeps leaking. Im concerned there might be more damage than just the leak itself..But wher do I turn? . This is in PA.

Expert:  Roger replied 1 year ago.
The liable party should be the tenant next door who owned the dog. However, damage to personal property has a 2 year statute of limitations, so you just need to make sure that you're within the proper time frame in order to bring a claim.
Customer: replied 1 year ago.

Is the owner of the property liable or my wife who ostensibly had the property during the event?

Customer: replied 1 year ago.

I think Im learning also that my wife did not pay the home insurance and let it lapse..we have an agreement she would have these up to date before I took the deed. How does that factor in? thanks

Expert:  Roger replied 1 year ago.
The owner of the dog would be primarily liable. The property owner or your wife could have liability for failing to mitigate damage to the property by not making repairs, but that's a tougher sale......
I'm not sure that the insurance issue is relevant to this situation.....but if there is a mortgage lender involved, they'll certainly want to know about the absence of insurance coverage on the property.
Customer: replied 1 year ago.

I got the rest of the info. The damage happened by a dog about a year ago (insurance said they would cover it if its vandalism), I got pictures. My tenant said my wife who owned it was notified and did nothing..not even file an insurance claim..that he knows of. My wife let the insurance run out so it cancelled, but was in place during this incident. The owner next door said he lost track of where his tenant went. What are my best options to get this repaired and who do I go after?

Expert:  Roger replied 1 year ago.
As I said before, the recourse would appear to be against the owner of the dog. It would be very hard to substantiate a claim against anyone else.
Customer: replied 1 year ago.

If I cant locate the owner, who do I go after next? My wife gave me damaged property. Isnt she liable?

Expert:  Roger replied 1 year ago.
I don't know that you have the right to go after anyone else........If there was a contractual agreement for your wife to turn the property over to you without any problems, you may have a claim against her for breaching the contract, but that would likely be it.