When Moving Goes Wrong: Who’s Responsible?

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Moving is already stressful enough… But what if your furniture gets damaged or you find someone else’s old couch in your new living room? Do you know what to do? Here’s what you need to know for a worry-free move.  

Two people loading cardboard boxes into a moving truck in front of a house.

Generally, the moving company is responsible for damage or furniture that’s lost during a move.  

When moving day leaves marks… 

A damaged wall in your old place, a broken stair railing in the new one… Even if the movers caused the damage, it’s often the tenant who will be held responsible by the landlord. 

But don’t worry, if you notice any damage to the properties after your move, you can ask the moving company to compensate you for the damage. 

Damaged couch? Who’s at fault? 

You don’t need to prove that the moving company was negligent or acting carelessly. In most cases, the fact that your furniture was damaged or lost is enough to hold the company responsible. 

You have the right to be compensated even if the movers took all reasonable steps to protect your furniture, like wrapping everything properly.  

However, if the conflict ends up in court, you’ll need to prove that the movers were the ones who caused the damage. 

A clause in a contract with a moving company saying that the company isn’t responsible for damage is usually not valid. A company can’t simply avoid responsibility this way. You have the right to compensation despite such a clause in the contract. 

What if your mattress comes home infested with bedbugs?

The same rules apply! Moving companies are required to deliver furniture and other belongings in the same condition they were in when they picked them up. A new infestation is therefore considered damage. The tricky part is proving where the infestation came from…

What can you do?   

Be sure to inspect your furniture and both properties before and after the move. If possible, make a list of your belongings and their approximate value. If you notice damage after the move, you must notify the moving company in writing as soon as possible. 

For damaged furniture, you have 60 days after the move to send this notice. If you miss this deadline, you might lose the right to compensation. It’s best to send the notice by registered mail, or some other means that provides a proof of reception.  

In the notice, describe the damage and ask the company for compensation. You can also include photos of the damage. 

Try negotiating with the company first to reach an agreement. If this doesn’t work, the next step is to send a demand letter. You can write this letter yourself. If nothing gets resolved after that, you have three years from the date of the move to sue the moving company. If the amount you’re claiming is $15,000 or less, you can file your claim at the Small Claims Court.  

Prevent unpleasant surprises 

Choose a moving company that’s insured for damage caused during a move. 

You could also let your home insurance provider know that you’re moving. Your home insurance policy might cover this sort of damage. If you’re switching insurance companies when you move, make sure your coverage starts on moving day.  

What if your new home still shows signs of the past? 

Even though previous tenants are supposed to clear out the place when they leave, furniture sometimes gets left behind. And no, you can’t just throw it away! 

Let your landlord know right away. It’s their responsibility to give the previous tenants a chance to come and pick up their belongings.