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Buachaill, Barrister
Category: Law
Satisfied Customers: 10975
Experience:  Barrister 17 years experience
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We are renting an apartment in Spain. Some recent severe weather

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We are renting an apartment in Spain. Some recent severe weather damaged a Sun canopy that needs repairing. The owner is asking us to cover the cost of the repair. We signed a tenancy agreement that said we are liable for damage that occurs while we are using the property. Is weather damage seen as a different case? There is no exclusion regarding the weather in the contact.
1. I regret to say that in order for weather damage to fall outside a tenancy agreement which puts liability on you for damages to the property whilst you are using it, the weather event would have to be out of the ordinary - force majeure - in order for you not to have to pay for it. Something like a hurricane or an extremely severe storm such as a one in ten year event. Otherwise, I regret to say that you have taken on liability to repair any damage which occurs while you are using the property and you can be sued for it. So here, the fact that there was severe weather does not help you. The owner can still sue you for the damage which resulted.
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