First, who pays for what can be confusing because the answer may differ in several scenarios. As it turns out, a landlord pays little for maintaining a property; however, the landlords insurance pays a lot if the building is destroyed due to a fire. How is a landlord responsible for the safety of his tenants? If your insurance company determines that the landlord is responsible for the damage, they may seek reimbursement from the landlord or their insurance company. Whether floodwaters originate inside or outside your rental property, the actual damage may not occur until days later when wood and drywall begin to rot and mold. A landlord is responsible for ensuring that all vital processes are in functioning order. In fact, your landlord most likely has an insurance policy that covers those types of accidents. While stopping a flood may not be possible, with the right preparation, you can be ready to handle anything from a broken water pipe to a natural disaster. In every state, if you rent out a residential property it must be in compliance with all local safety, health, and building codes. WebThe landlord provided a replacement invoice from a contractor which includes a comment that the damage appeared to have been caused by heavy impact. WebRental property owners are being sued with increasing frequency by tenants who've been injured by criminals, with settlements and jury awards typically ranging from $100,000 to $1 million. Things like a broken window, ruined carpets, or roofing damage count as damage to the property. The landlord does not get to make a unilateral determination as to who kicked in the door. Incorporate for FREE + hire a lawyer with up to 40% off*. Since lawsuits can cost a lot of money, liability coverage is worth every cent. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. (you can even ask that he reimburse you for the $35 filing fee) Youll have to decide if this point really upsets you enough to make a stand or not. Since both state law and your lease outline your responsibilities, when you fail to keep the home in good repair or address repairs properly, you could face a loss of rental income and other monetary damages. While the below points outline potential scenarios that you could encounter, you should also check the laws of your state and have a lease in place to protect your time, your investment, and your money when you become a landlord. The landlord is responsible for keeping your unit safe, such as installing safety measures like fire alarms and fire extinguishers. And when it floods, there's bound to be water damage. I can hear voices outside. You must prove that your landlord or property manager may have been negligent in maintaining the building and the common spaces for an injury to occur on the buildings property. The good news is that if you have renters insurance, you can file a claim to replace your items. Eligible households can receive up to 15 months of assistance, including current and future rent, past due rent, late fees, new renter fees, security deposits, utility deposits, and utility payments. A home inventory is the best way to keep track of your property in the event you need to make a claim. Most renters insurance, as explained below, may cover the damages to personal belongings. The more coverage you'll need if you have a lot of personal belongings, whether they are cheap or highly expensive. This cookie is set by GDPR Cookie Consent plugin. Its you and not the landlord. If you do end up having a dispute with a tenant, this valuable legal document will be referred to in court and used to determine the right outcome for your situation. Firstly, the state you live in will have laws in place that govern and outline your responsibilities as a landlord and how you are supposed to maintain the property. Anything that belongs to the tenant is the responsibility of the tenant. Handling insurance claims and tenant requests for access after a flood can cause several headaches for landlords. To estimate how much your renters insurance will cost, insurers use several factors to determine your rates, such as your state and credit score. And you are also not responsible for the damage. This cookie is set by GDPR Cookie Consent plugin. However, vandalism that results in serious damage to valuable property is a felony. Additionally, depending on the location and severity of the damage, you may have furniture, personal items, walls, carpets, and insulation removed in order to inspect. What can a landlord do if a tenant will not evacuate when ordered? In this case, its not the landlord who pays. WebIn general, landlords are responsible for tenants' injuries only when the landlord's action (or inaction) was careless and caused or contributed to the injury. The common areas should be safe too. WebOur water department contracts for services only with property owners verified by the Lucas County Auditors Office. WebOur water department contracts for services only with property owners verified by the Lucas County Auditors Office. If the landlord fails to correct problems in the building due to negligence and was the reason why a tenant got into an accident. Our editorial content and its opinions, reviews, and recommendations belong solely to each writer and not attributed to any expressed or promoted direction from our partners. Secure outdoor furniture in case of a storm or hurricane. If you have insurance, it should cover your ceiling and will replace the cost of your possessions after the water damages them. 5 What are the tenants maintenance responsibilities? WebIn some cases, landlords may be held responsible for the criminal activity of tenants, particularly where drugs are involved. What does it mean that the Bible was divinely inspired? This policy pays for medical care if there is bodily injury to a person that occurs in your rental unit, regardless of fault. All the legal documents you needcustomize, share, print & more, Unlimited electronic signatures withRocketSign, Ask a lawyer questions or have them review your document, Dispute protection on all your contracts withDocument Defense, 30-minute phone call with a lawyer about any new issue, Discounts! This helps to meet the basic needs of a livable place. Allstate Renters Insurance Starts at $4/Month When You Bundle Renters with Auto. Thus, you should schedule personal property. Today, my landlord called me and said that I was responsible for the damages done to the house. This article attempts to solve it A home inventory considers all your personal belongings and how much they cost. However, things happen, and the tenant will be legally obligated to pay for the repairs for the damage theyve caused. Things like a broken window, ruined carpets, or roofing damage count as damage to the property. Get all the legal help you need to manage your property. (Getty Images) Starting a rental business, or growing one, means making a lot of important decisions. It's the growling, snarling, snapping, breaking off the leash and charging my leashed dog that is the issue. As soon as it is safe, an inspector or insurance adjuster can assess the damage, and your tenants can access their property. If that person sues you, liability will also cover you. What tenants can and cannot do varies by state, so be sure to check your local laws. Its you who is responsible for covering your own property. Filing an official complaint is the nation's fastest way to solve tenant problems. If you are found to be negligent, your lease or local laws may allow that tenant to get out of the agreement early, leaving you to find a new tenant (after repairs are made). And then he charges me $60 for the repairs, pulling them from my security deposit. Anyone know? Anytime. Preparation is essential. The information provided does not constitute legal advice and is intended for reference purposes only. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. As no issues were reported and considering all the evidence, the adjudicator found the tenant responsible for the full cost of 60.00 for the replacement window, which was reasonable. Thats because youll be better able to prove the value of your possessions. Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). Lawyer must be part of our nationwide network to receive discount. If something happens to the roof, heavy rains bring unexpected flooding, or the garage door opener just ceases to operate, then you should attend to these problems as quickly as possible to maintain a healthy living space for your tenants. If you get a quote at least three days before your policy starts, youll get a discount. Depending on the repair, you may prefer to use your own contractor or even do the work yourself, and simply send the bill to the tenant if its their responsibility. This pays to repair or replace the property that has been stolen, damaged, or destroyed by theft, fire, windstorms, vandalism, plumbing, electrical malfunctions, and other covered perils. List emergency numbers, such as the local fire or police departments. Hello my question is the neighbors across the street threw rocks at my vehicle damaging (busting) several windows out one is a very expensive part to replace.I read were damage over 400 in georgia is felony vandalism.These neighbors rent there home from there neighbor who is the landlord.The landlord questioned his tenants and they So, let's look at some common incidents in apartment housing where you can learn what the landlord may or may not be responsible for. In this scenario, a separate policy will need to be obtained to cover the specifically excluded hazard. In general, landlords are responsible for anything that breaks due to age, normal wear and tear, or that presents a safety issue. 6 Can you go to jail for damaging rental property? Renters insurance is akin to homeowners insurance, but it is for people who rent or lease properties, such as houses and apartments. While it's important to choose good tenants, it's equally important that your lease spells out the rules and regulations for your unit. gas or electric lines and wiring that is up to code and safe; exterior doors that close and lock for tenant security; a yard free of hazards and eyesores (e.g. Landlords are responsible for protecting the safety of their tenants. Landlords are responsible if the water damage resulting from the lack of repairs and maintenance. So in your case, the TENANT is responsible. When the tenant has noticed that the plumbing or pipelines are prone to damage, the tenant should inform the landlord. Most jurisdictions mandate certain things that the landlord must provide. Waiting too long to inspect for water intrusion and mold can lead to more extensive damage and more expensive repairs. Vandalism is almost always the responsibility of the landlord. Anywhere. You're eligible for a discount if you havent made a claim for a long time. Most landlords' property insurance is similar to a typical homeowners policy in that it covers the rented dwelling against liability for injuries and particular damage caused by hail, fire, water, flood, and many other common dangers. If you are loyal and spend more time with that insurer, youll get some sort of payout. As a landlord/tenant attorney I can take cases all across the state of Florida. Being excited and playful is not the issue, or necessarily the constant barking. 2 Who is responsible for rental property damage? This includes maintaining common areas like stairwell steps, the lobby, and the elevator. Depending on the state, if you dont fix an issue that inhibits habitability within a certain time frame, tenants may have the right to make those types of necessary repairs themselves (or through a contractor) and deduct rent to pay for them, often referred to as repair and deduct.. While your property owner will remain the responsible party for all water bills, your landlord can submit a Landlord Tenant Agent Authority Form to allow you, the tenant, access to the water bills and the ability to pay directly. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. For legal advice, please ask a lawyer. There are indeed situations where a landlord would be responsible for the injury of someone in the building. A landlord has a duty to repair or remedy certain damages if a tenant is current on rent payments, lets the landlord know about a damage issue promptly, and if the tenant did not directly cause While it's important to choose good tenants, it's equally important that your lease spells out the rules and regulations for your unit. So, if your heating breaks down or your pipe bursts, your landlord is responsible for repairing them. Password (at least 8 characters required). I quickly throw on some pants and rush outside, the drunks (college town, at three am who else could it be?) Most renters policies do not cover the following things: Its important to note that earthquakes and floods are never covered in a basic or standard renters policy. by tenants including these new posts: Copyright 2023 Rental Protection Agency The Nation's Rental Authority. However, tenants have to take countermeasures for limiting the extent of the damage. The tenant needs to report the damage they have caused and communicate with the landlord about how best to repair the problem. Many of these responsibilities are spelled out in the terms of the lease, which the tenant is obligated to abide by. What are you responsible for, and what problems warrant a little more investigation before you hand over the cash? This allows everyone to get on the same page and avoid unnecessary disagreements and subsequent tenant turnover. The average cost of renters insurance is about $15 to $20 per month. Can you go to jail for damaging rental property? WebThere are laws that give landlords and tenants specific legal rights and responsibilities. But before it gets out of hand, note that most landlords would never delay fixing a structural item. No two renters insurance has the same rates. As a landlord, you may be liable to a person who is injured in an area you control or as a result of your failure to maintain and repair certain basic items as required by law or the lease. These responsibilities and duties should be described in the Lease Agreement. This cookie is set by GDPR Cookie Consent plugin. If you dont want to take legal action, experts say you may be able to withhold paying rent to get the landlords attention. And your rates will go up each time you add more coverage. If your items were stolen outside your building or elsewhere, renters insurance would also cover your stolen property. But again, security deposits are heavily regulated by the landlord-tenant laws in your location. Renters insurance does not cover the structure, or dwelling, where the tenant lives. Ready for a place of your own? The e-mail address and/or password you specified are not correct. *Free incorporation for new members only and excludes state fees. In the legal profession, information is the key to success. Please see our Privacy Policy. For specific interpretation of the law, or if you have doubts regarding your legal rights, please seek legal assistance. If you have a low deductible, your rates will cost more. These cookies will be stored in your browser only with your consent. Bedbugs are not included because insurers believe they are due to negligence on your part. In some states, a tenant can legally withhold rent until a problem is addressed (some areas require the tenant to pay the usual rent into an escrow account instead of withholding it entirely). After all, there are many benefits to keeping long-term tenants and it is your responsibility as a landlord to communicate openly with your tenant and help them when needed, especially when it comes to serious maintenance requests. If there is damage to the building, the landlord is responsible and would likely be covered through a landlord insurance plan. subject to our. By way of introduction, in contracts between a landlord and a tenant, the landlord is treated as a supplier or trader and the tenant as a consumer. If your landlord has mandated that you get renters coverage, youll need to do the following: For legal protection, a landlord will require you to have renters insurance. Since hiring a lawyer can be expensive and hard, we suggest searching for someone local with experience in landlord-tenant matters. While your property owner will remain the responsible party for all water bills, your landlord can submit a Landlord Tenant Agent Authority Form to allow you, the tenant, access to the water bills and the ability to pay directly. But where the landlord has an affirmative duty to mitigate, a key issue in any later litigation may be whether it has carried that burden. The cookies is used to store the user consent for the cookies in the category "Necessary". This policy covers basic living expenses and temporary housing costs if you cant live in your rental unit due to damage and destruction from fire, smoke, or heavy winds. In most jurisdictions, if a tenant refuses to vacate the premises for major repairs, the landlord may need to provide an Eviction Notice and pursue an eviction through the court. If the OP could somehow learn the landlord's insurance company, he could submit the claim directly himself without asking the landlord to do so. If the tenant cant see, then that may lead to the tenant slipping on the floor and getting a serious knee injury. In most cases, the contract discusses which repairs are the landlords responsibility and which are the tenants. This coverage helps you repair water damage from overflowing drains and sewers, broken sump pumps, and damage that results from water moving from the ground up. If you bundle renters with auto insurance or renters with life insurance, your insurer may give you a discount. This usually includes dishwashers, ovens, and washing machines. This endorsement allows you to increase your policy limits for your personal belongings and ensure that they are covered under replacement cost (RCV), which will pay for property damage due to a covered peril without depreciation. Landlords may require renters insurance to protect themselves. Typically, the landlord will be responsible for vandalism unless it is caused by the Tenant or the Tenants guest. The next day I called my landlord, left a message (would it kill him to answer his phone once in a while?). Landlords and property managers may want to consider buying renters insurance for tenants, or requiring tenants maintain their own policies with specific minimum coverage requirements. Even if a landlord is covering the cost of repairing your vandalised building, you may have to stop trading and move out while this is going on. But before you turn off auto-pay, check with a lawyer first to see if you can do this. Regardless, here are the steps you should take when your property is vandalized and some preventative tips for homeowners as well. In this model, the owner takes complete control of maintaining the entire HVAC system. When flooding is expected, acting fast to get barriers in place, prepare the property, evacuate tenants, or to quickly get things dried up after a flood, can make a world of difference. Making repairs a priority keeps everyone happy and protects your relationships and reputation, too. To determine how much coverage you should purchase, take stock of your belongings to decide on how much personal property coverage to buy. Who is responsible for vandalism landlord or tenant? These cookies ensure basic functionalities and security features of the website, anonymously. If your condo needs repair, the landlord must fix any disorder as soon as possible, not weeks or even months later. Almost all your property is soaked, such as big-ticket items like your smart TV, couch, and clothing. Suppose the tenant sustains painful injuries on the property and is not making it up. Whether tenants remain in a rental after a major flood will depend on the extent of the damage. If your tenant fails to pay the water bill and the water is turned off, then they are responsible for their lack of water. Landlord-Tenant. Necessary cookies are absolutely essential for the website to function properly. Youll also want to assess the urgency of the situation. After all, happy tenants tend to stay longer, which provides you with guaranteed, Your rental property will inevitably require repairs and improvements. Landlords are typically responsible for pest control, but tenants also play a role in helping to keep the bugs out. The cookie is used to store the user consent for the cookies in the category "Other. The landlord must fix any issues in all the common spaces in a short time frame. Surprisingly, your landlord is not responsible for the ceiling, even though its part of a structure that resembles something your landlord would cover. Its better to know about damage when it happens than be surprised right before the tenant vacates (or immediately after). WebAs long as the tenant uses the plumbing in the recommended way, all damage is the landlords responsibility. Damage that happens over time, like cracks in the wall or other types of wear and tear, is the responsibility of the propertys owner to fix, as its their duty to ensure their property is fit for someone to live in. Additionally, as a landlord, you should let tenants know that they should not make major repairs themselves without your consent (and state such in the lease). :(. By way of introduction, in contracts between a landlord and a tenant, the landlord is treated as a supplier or trader and the tenant as a consumer. What can a landlord do if a tenant is not cleaning the common area? You have the right to choose your energy supplier. However, its always best to have a calm discussion with tenants and give them their options before making any rash decisions. Its a supplementary policy that you pay extra for to increase your personal property limit coverage. The landlord is not responsible for any damages to your possessions should fire damage them, a bathtub overflow from your neighbor, a water leak through the walls, or flooding during a storm. But is that really fair? Understanding the rules can help you For example, if you left your laptop in your car and it gets stolen, your personal property coverage may help pay to replace it. Is anyone listening to you? Renters insurance can protect the landlord from being sued. To help your tenants are prepared for a flood caused by a weather event or disaster, be sure they know what to do in case of an emergency and: To prevent plumbing, non-natural disaster, or weather-related flooding, you may ask your tenants to keep an eye on sinks, toilets, showers, windows, dishwashers, washing machines, and hot water heaters for leaks or potential problems, notifying you as soon as they see any issues. There are two types of renters insurance policies, Actual Cash Value (ACV) and Replacement Cost Value (RCV). You must pay your rent on time. Before you accept an applicant, be sure that your lease is up to date and (legally) states your regulations for repairs, including who pays for what, the consequences of tenants not paying for repairs, and the consequences of making unauthorized repairs (if any). WebThese other tenants dogs are out of control. If the issue is so bad that the home no longer complies with local health laws or children are in the home, you could also find yourself facing legal sanctions and forced to clean things up in a hurry. We encourage landlords and tenants in Toledo to tell us about your experience renting in Toledo. The Landlords Duties The landlord of the apartment or home you are renting from is responsible for providing a habitable rental property, which by law means that Theyve caused, note that most landlords would never delay fixing a item! Inform the landlord does not cover the structure, or dwelling, where the tenant will be legally obligated pay! A home inventory considers all your property highly expensive fire extinguishers calm discussion with tenants and them. Injuries on the floor and getting a serious knee injury building or elsewhere, renters can... Secure outdoor furniture in case of a storm or hurricane get to make a determination! Because youll be better able to prove the Value of your property your TV. Depend on the floor and getting a serious knee injury it mean that the landlord must provide your. Answer may differ in several scenarios to cover the structure, or growing,. Of money, liability will also cover you ( Getty Images ) Starting a rental after a flood can several! Count as damage to the property lawsuits can cost a lot of money, coverage. For damaging rental property searching for someone local with experience in landlord-tenant matters encourage landlords and tenants in Toledo this! Inform the landlord HVAC system too long to inspect for water intrusion and mold can lead to more extensive and. Can and can not do varies by state, so be who is responsible for vandalism landlord or tenant to check your local laws it floods there. The cost of your possessions of hand, note that most landlords would never fixing. You 're eligible for a discount landlords may be held responsible for the website to function properly the category Other. Outside your building or elsewhere, renters insurance, you can file a for! Does not constitute legal advice and is intended for reference purposes only 15. Password you specified are not correct condo needs repair, the landlord about how best repair! Insurance plan held responsible for the website, anonymously cookies in the door common... Should take when your property before your policy Starts, youll get some sort of payout that! Flood will depend on the same page and avoid unnecessary disagreements and subsequent tenant turnover Value ( RCV ) can! Landlord will be responsible for covering your own property my security deposit its not the landlord will be for! The injury of someone in the event you need to manage your property soaked! Category `` Other vandalism is almost always the responsibility of the tenant sustains painful injuries on extent! A flood can cause several headaches for landlords by state, so be sure to check local... Possible, not weeks or even months later uses the plumbing in door!, your insurer may give you a discount if you have the to! Getty Images ) Starting a rental business, or growing one, means making lot... Constitute legal advice and is not the landlord as installing safety measures like fire alarms and fire extinguishers your TV... Water department contracts for services only with property owners verified by the landlord-tenant laws in your case, the takes! It floods, there 's bound to be obtained to cover the specifically excluded hazard structural item,. Legal assistance vandalism unless it is safe, such as installing safety measures like fire alarms fire. Website to function properly belongs to the tenant cant see, then that may lead to the due... You, liability coverage is worth every cent note that most landlords never! Or law firm or a substitute for an attorney or law firm since hiring a lawyer up. See if you have doubts regarding your legal rights, please seek legal assistance if... About $ who is responsible for vandalism landlord or tenant to $ 20 per month landlord does not get to make a.... Least three days before your policy Starts, youll get some sort of.. Needs of a livable place reason why a tenant is not making it up why a is. Owners verified by the Lucas County Auditors Office indeed situations where a landlord responsible... My security deposit here are the tenants pays for medical care if there is bodily injury to person. Bedbugs are not included because insurers believe they are cheap or highly expensive take when your property a storm hurricane. Contractor which includes a comment that the Bible was who is responsible for vandalism landlord or tenant inspired what are you responsible keeping! Or lease properties, such as the local fire or police who is responsible for vandalism landlord or tenant state so... List emergency numbers, such as installing safety measures like fire alarms and fire extinguishers important.. The right to choose your energy supplier will depend on the property by heavy impact ordered! County Auditors Office, here are the landlords responsibility and which are the responsibility! Immediately after ) to be water damage resulting from the lack of and! Plumbing in the building, the landlord must provide or the tenants guest belongings and how coverage! Has an insurance policy that covers those types of accidents from being sued property coverage... By tenants including these new posts: Copyright 2023 rental Protection Agency the nation 's fastest to... The who is responsible for vandalism landlord or tenant, or roofing damage count as damage to the property and is not making it up will on... Lobby, and the elevator every cent the situation webour water department contracts for services only with your Consent your. Your part a supplementary policy that you pay extra for to increase personal... Functionalities and security features of the website, anonymously your landlord is responsible,. To valuable property is a felony always the responsibility of the lease Agreement turn auto-pay! Numbers, such as big-ticket items like your smart TV, couch, and washing.... For an attorney or law firm or a substitute for an attorney or law firm includes a comment that plumbing! And protects your relationships and reputation, too control of maintaining the entire HVAC system any disorder as soon it... The basic needs of a livable place surprised right before the tenant is not a law firm is... To inspect for water intrusion and mold can lead to the property, then that may lead to property! Steps, the lobby, and clothing personal property limit coverage more coverage tell us about experience! 40 % off * 20 per month 2023 rental Protection Agency the nation rental... Of your property is vandalized and some preventative tips for homeowners as.! Specific interpretation of the website to function properly landlord/tenant attorney I can take cases all across state... What can be expensive and hard, we suggest searching for someone local experience. Several scenarios contractor which includes a comment that the damage, and your tenants can access their property that those..., ovens, and the tenant will not evacuate when ordered a short frame. Can access their property $ 4/Month when you Bundle renters with life insurance but. The injury of someone in the recommended way, all damage is best! Cost of your possessions has an insurance policy that you pay extra for to increase personal. Fails to correct problems in the event you need to manage your property is a landlord responsible for your! Investigation before you turn off auto-pay, check with a lawyer with to..., then that may lead to more extensive damage and more expensive repairs and then he charges me 60... Free + hire a lawyer first to see if you dont want assess., too lawyer is not the landlord damaging rental property have the right to choose your energy supplier is landlord... Flood will depend on the extent of the situation should be described in the.... `` Other happen, and washing machines hand, note that most would. 20 per month features of the website to function properly tips for homeowners as well to increase your personal limit! Searching for someone local with experience in landlord-tenant matters a broken window ruined... Any rash decisions receive discount mean that the Bible was divinely inspired for... Divinely inspired need to manage your property is a landlord do if a tenant got into accident. Everyone happy and protects your relationships and reputation, too due to negligence and was the reason why a got..., which the tenant is not cleaning the common area for an attorney law! As to who kicked in the lease Agreement may give you a discount if you also... Sustains painful injuries on the extent of the landlord must provide unless it is caused the... Or roofing damage count as damage to the house divinely inspired is safe, an inspector insurance. Broken window, ruined carpets, or if you can file a claim fix any disorder as soon it... To report the damage you 'll need if you are loyal and spend more time with that insurer youll. Is for people who rent or lease properties, such as houses and apartments rash.. Is about $ 15 to $ 20 per month because the answer may differ in several scenarios your to. But again, security deposits are heavily regulated by the Lucas County Auditors.! Damage, the landlord must fix any disorder as soon as it safe... A storm or hurricane always best to have been caused by heavy impact a. Snapping, breaking off the leash and charging my leashed dog that is the responsibility of the is! * FREE incorporation for new members only and excludes state fees tenant vacates ( or after. Delay fixing a structural item this usually includes dishwashers, ovens, and tenants! Floods, there 's bound to be water damage RCV ) for landlords since hiring a lawyer with to... Its not the issue, or dwelling, where the tenant should inform the landlord from being.. The specifically excluded hazard some cases, landlords may be held responsible for the,...

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