Landlord Blog: Damages Caused by Others
Damages caused by others (by Lisa [FL]
How do you handle repairs for things like:
My house was burglarized and now there is a broken window that needs to be fixed. I came home and someone had plowed over my mailbox. When damages are caused due to criminal activity or an unknown stranger do you pay or require the tenant to cover those items?
If it’s a tenant responsibility can you share your lease clause that would address items of that nature?
Damages caused by others [CA]
Landlord pays for vandalism and/or criminal activity. I always require tenant file a police report.
Damages caused by others [MO]
I handle those incidents on a bases by bases.
Did the tenant file a police report of house being burglary?
If yes, then I wouldn’t be opposed to paying for the repair.
Again, was it relative, or friend break to still prescriptions or other illicit drugs?
I came home and someone plowed the mailbox over. I would tell them to file a police report.
A Landlord, could talk to the neighbors and find out quick what kinda of people are coming and going.
Company lease, states tenant is responsible for all the maintenance of the home.
Damages caused by others [IN]
If all or most of glass is outside then the force came from inside. Only once have I not charged tenant and that was an obvious burglary. Window broken inward, computer ripped out, a lot of blood on broken window and a trail or blood leading next door to the passed out druggie hugging a stolen computer. Not the smartest kid on the block. —
Damages caused by others [IN]
My lease is clear: res responsible for all damage and repair no msttet who caused the damage, including by others, invited or uninvited. Res responsible for all glass breakage. Management is mot responsible to determine who caused or how it was caused.
A police report does not mean anything. Clever liars will call in a police report because the LL TOLD THEM he/she will not charge them. In our thousands of leases a true “criminal act” is rare. Experienced LLs know break ins are often caused by ex boyfriends. Or drunks who lost their keys.
My judge taught our LL Assoc that Indiana law says the res is king of his castle and the king must protect his castle.
Decide your policy before someone calls in.
Damages caused by others [IN]
My lease is clear: res responsible for all damage and repair no msttet who caused the damage, including by others, invited or uninvited. Res responsible for all glass breakage. Management is mot responsible to determine who caused or how it was caused.
A police report does not mean anything. Clever liars will call in a police report because the LL TOLD THEM he/she will not charge them. In our thousands of leases a true “criminal act” is rare. Experienced LLs know break ins are often caused by ex boyfriends. Or drunks who lost their keys.
My judge taught our LL Assoc that Indiana law says the res is king of his castle and the king must protect his castle.
Decide your policy before someone calls in.
Damages caused by others [SC]
I agree with Brad. I have had ex boyfriends sober and drunk damage windows and doors during break ins mostly due to lost keys.
And I don’t think Police reports, at least in my town, would do any good.
Damages caused by others [FL]
I agree. Break-ins are always caused by disgruntled roommates or boyfriends.
Hopefully someone can share their specific lease verbiage to make this clear or I will have to create something myself.
As I understand things renter’s insurance would cover broken glass/damages under “loss of use” when damage was caused by a covered peril such as theft or vandalism. So yet another reason to suggest or require tenants to maintain insurance. —
Damages caused by others [PA]
I agree that most instances of damage is seldom from a stranger. However, if I were a tenant and a drunk ran over the mailbox or the kid across the street hit a baseball through the window, I wouldn’t pay. I would imagine a landlord would have a tough time enforcing that in a court. That said, how often do these type situations actually end up in front of a judge? With me, I’d say never in all my years.
Damages caused by others [TX]
What does your lease say? My lease states the resident is responsible for ALL glass breakage not caused by LL “negligence or fault.” I also require rent’s insurance for the home. So, when the tenant calls about a broken window, I tell them it is their responsibility and they should call their insurance company.
Damages caused by others (by Dean [IL])
I don’t want the tenant trying to make shoddy repairs, using a bad contractor or poor quality materials or any other attempt to make cheap repairs!
This is my property, it is my investment, any and all repairs or modifications must be made at my direction with materials and contractors I want and that I know will be with the quality I demand.
Yes, a police report is required. An investigation by the police and myself will likely determine the liable party. Of course, my lease says the lessee is responsible including their visitors, guests and invitees.
Damages caused by others [VA]
We have had this happen a couple of times. We have paid because they were good tenants, BUT I suspected it was an inside job both times.
#1 Because the broken window was jagged, the window was small & yet no sign of torn clothing, or blood. (I think they had a key & wanted to make it look like a robbery. An ex of hers had a drug problem so I was told and whoever it was took the tv’s & her jewelry.
#2 instance, grandson was on drugs, was later on killed by law enforcement. I am definitely going to add this clause to our lease.
Damages caused by others [MD]
My lease says Resident is responsible for all maintenance, repairs and damage of any kind to the property done by Resident, occupants or anyone on the property with or without the permission of Resident except the Landlord or representatives of the Landlord. All Residents, signing this Lease, have had the Landlord read the above them clause to them at the Lease Signing and understand and agree to the terms and conditions contained herein.
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Damages caused by others [FL]
Brad,
How about a case of a supposed burglary where a sliding glass door was shattered? That’s a bit more than repairing a door frame from a kicked in door.
I’d think a renter’s policy would cover this as under the loss of use coverage caused by a covered peril such as theft or vandalism. And if they have no coverage or their coverage won’t cover it, do you still require they pay? I agree with you they should be held accountable. Just wondering if it’s enforceable or what a judge might say.
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Damages caused by others [AZ]
Any Damage done by the tenant they are responsible for per rental agreement. Any loss or damage to their own stuff, they need insurance it states in the rental agreement owner not liable. If they get injured on your property your insurance should take care of it or incur a loss because the owner was aware or should of been reasonably aware and did nothing legally is liable. I once had a lamp shade sitting inside a sink as we moved in and the sink backed up, the owner replaced it but may not of had too. In the case of burglary damages to the building that would be covered under owners insurance and should be reported to the police. Trying to prove it was tenant caused maybe hard to do because no one is going to admit it. Sounds like the property is in a bad area I would sell before it gets worse.
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Damages caused by others (by BRAD 20,000 [IN] ) Posted on: Oct 7, 2021 11:50 PM
Lisa,
I love how you typed “supposedly”! So true!
Thieves don’t smash windows – it’s too noisy and alerts the neighbors.
Usually when we get a call about a “break in” nothing was stolen or just the ex-boyfriend’s things are “missing”.
Your example of an expensive repair highlights the need for LLs to step up their management policies and determine IN ADVANCE how such problems will be handled
AND have it spelled out in the lease.
I use the example of the res required to replace light bulbs – same policy just bigger stuff.
My policy works and has held up on court for me.
My lease is clear: Res is required to carry Renter’s Insurance with our company named as ALSO INSURED.
The times we’ve had a more expensive repair and the res complained we reminded them that’s why they have insurance.
If they truly feel this was a criminal act THEY can chase after the criminal for reimbursement.
Gotta be strong.
Damages caused by others [VA]
Having a number of student and fraternity Tenants I have had my fair share of “break in” damages. I quickly noticed that these typically are reported within days of Tenants hosted a large house party (info thanks to my neighborhood partners).
The first advantage of this clause has been the instantaneous medical improvements to the Tenants short term memory. Before I explain the clause, the Tenant has no recollection of what happened but once they realize THEY will be paying their share of the damage, they are fully healed and remember the names, phone numbers and e-mails of the ones involved.
The second advantage comes from their renter’s insurance. Without the clause the renters insurance will typically only pay for the Tenant’s personal belongings. Since the fault and responsibility is contractually listed as the Tenant’s we have received payments directly from the renter’s insurance for damage to the property such as door frames and windows.
I have paid for damages when I think the Tenants were not involved but I rather be the one that decides case by case and not need to prove the Tenant’s involvement. My lease term below is custom for my market but hope it helps anyone looking.
§ 48. PROPERTY DAMAGE / VANDALISM:
During the Term of the Lease the Tenant is responsible for any property damage caused by Tenant, guests, and/or unwanted visitors including vandalism by unknown persons. Tenant’s action or inaction is the typical cause of vandalism and property damage. CP’s experience has seen almost all vandalism occur at houses that host open house parties or as part of pranks within the JMU community. Any property damage caused by nature or “Act of God” will be the responsibility of the Landlord unless Tenant’s action or negligence contributed to the damage. Castle Property will take over responsibility for the property after the move-out inspection has occurred. An early move-out is further explained in
Damages caused by others [NH]
Had to replace front door and back sliders due to a stalker trying to get in but in this case the police report helped because they classified it as domestic violence because she knew the person. My lawyer advised me to keep the security deposit. The victim’s assistant questioned how I could do that but backed off once they knew I had consulted with my lawyer. I did not chase her for the additional cost and told the victim’s assistant that she could have any restitution they could get from the guy. —
Damages caused by others (by WMH [NC] ) Posted on: Oct 12, 2021 10:21 AM
My lease specifies:
Broken Windows / Doors: are the responsibility of the Renter during their entire residency under all circumstances. Also, if any damage should occur to the residence as a result of Renter’s failure to promptly repair a broken door or window, Renter is responsible for all such damages.
In reality, if a window was broken, we would replace and charge them to ensure it got done.
We also have a clause against using a window to enter or exit the premises.