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Can you provide a few more details about the damage to the property. Who caused it and how was it caused. Why is there now a question about who is liable?
Generally, under net leases the tenant would be responsible for something like gutter cleaning. With no lease agreement, the tenant can say he was not obligated to take care of the exterior weather related conditions. But the landlord can say that he had been there long enough to imply that condition so it might depend on how long the tenant occupied the building. The longer it is, the better off the landlord chances are of recovering. If the landlord feels he's being taken advantage of due to their situation, he can always kick him out and rent to someone else. . I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.