If a tenant unintentionally causes a false fire alarm, and building management pays the fine (and associated expenses), what legal grounds would the building have to come after the tenant for reimbursement?
-
Can you clarify/cite the particular law you are being fined under, and the details of whether or not it applies in light of your adverb "unintentionally?"– WBTCommented Jul 19, 2016 at 2:55
-
@WBT, it seems to be some description here: link. The funny part of this is they've charged 750$ by police, so it was at least 3rd incident there! I have no problem with paying police fine, there is other charges that hurt me and give me a sense of being black mailed!– ShahabCommented Jul 19, 2016 at 3:22
-
1Does it say anything in your tenancy agreement about liability for fines and what they may or may not charge you?– RupCommented Jul 19, 2016 at 17:15
-
@Rup since its office of my employer, I dont have access to agreement.– ShahabCommented Jul 19, 2016 at 18:36
Add a comment
|
1 Answer
I can't speak for Montreal but, in general, public policy doesn't allow other people to be forced to pay your fines.
The building owner was accused, pleaded guilty (implicitly by paying the fine) and incurred the fine. They should have pleaded not guilty and put forward that you were the perpetrator. By not doing so, they have prejudiced your ability to defend the case against you (innocent triggering may be a defence).
If you were to dispute the claim on you, I believe they would have a hard time proving you owe them anything.
-
wow. Interesting. So, I think I should talk to them from another perspective. Till now I was thinking about if they can charge me for such non-sense. Thanks @DaleM– ShahabCommented Jul 19, 2016 at 3:19
-
@KiNG You might want to hire a lawyer and let them talk to your landlord. Just a single letter with a lawyer's letterhead can often end such disputes rather gracefully.– PhilippCommented Jul 19, 2016 at 8:24
-
@Philipp I'll consider this option if my next meeting with them fail. Thanks :)– ShahabCommented Jul 19, 2016 at 16:43
-
@KiNG This answer makes a lot of assumptions about the law under which the fine was imposed. It might be that the property owner is legally liable for the fine regardless of who is responsible for the false alarm. If that's the case then this answer is incorrect.– phoogCommented Jul 20, 2016 at 2:56
-
It could also be that there are consequences if the fine isn't paid like "we want respond to another fire alarm until the fine is paid". In which case all the innocent tenants would be very annoyed if the landlord didn't pay immediately. Commented Jul 20, 2016 at 12:54