Landlord ordered to pay $26,000 for flooded parking lot damages
Translated from Chinese, summarized and contextualized by DistantNews.
At a glance
- A landlord in Tainan has been ordered to pay over 850,000 NT dollars (approximately $26,000 USD) to three tenants whose cars were damaged by flooding in an underground parking lot.
- The court ruled that the landlord failed to maintain the property's drainage system, rendering it unusable during heavy rain.
- The landlord had claimed a disclaimer in the rental agreement absolved him of responsibility, but the court found this invalid under civil law.
A landlord in Tainan has been ordered by a court to compensate three tenants over 850,000 NT dollars after their vehicles were submerged and damaged in an underground parking lot during heavy rainfall. The ruling found the landlord negligent in maintaining the property's essential drainage infrastructure, effectively making the parking spaces unusable.
The tenants had leased parking spots from the landlord, identified as Mr. Huang, in the Xinyi District. In late July of last year, severe rains caused the underground parking lot to flood, resulting in significant damage to multiple cars. The tenants accused Huang of failing to properly repair a large, malfunctioning water pump and instead installing a smaller, inadequate one. They also alleged the absence of flood barriers contributed to the disaster, holding him responsible for the damages.
Huang contested the claims, arguing that his rental agreement explicitly stated he provided only parking spaces and was not responsible for vehicle storage. He asserted that the water pumping equipment had been repaired and was operational during the downpour. Furthermore, he claimed to have repeatedly warned tenants about moving their vehicles during heavy rain and had sent notifications via a group chat, believing he had fulfilled his duty to inform.
However, the judge ruled that the group chat messages were merely suggestions and did not absolve the landlord of his legal obligations. Citing Article 423 of the Civil Code, the court determined that a landlord must ensure the rented property remains suitable for its intended use. Since the flooding rendered the parking spaces unusable, Huang had failed in his duty to maintain the property's functionality and prevent flooding. The court calculated compensation based on the difference in value for used cars, awarding 460,000 NT dollars to one woman for two vehicles, 385,000 NT dollars to another man, and 7,612 NT dollars for motorcycle repairs. Claims from other tenants were dismissed due to insufficient objective evidence.
Originally published by Liberty Times in Chinese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.