break in damage (by longlivedon [VT]) Mar 6, 2010 6:52 PM
break in damage (by Virden [OH]) Mar 6, 2010 6:58 PM
break in damage (by Rob [MN]) Mar 6, 2010 7:08 PM
break in damage (by Josh [CA]) Mar 6, 2010 7:19 PM
break in damage (by BRAD_IN 20,000 [IN]) Mar 6, 2010 8:29 PM
break in damage (by BRAD_IN 20,000 [IN]) Mar 6, 2010 8:31 PM
break in damage (by Reid [KS]) Mar 6, 2010 9:13 PM
break in damage (by SAM [OR]) Mar 6, 2010 10:21 PM
break in damage (by Josh [CA]) Mar 6, 2010 10:42 PM
break in damage (by Robert J [CA]) Mar 6, 2010 10:50 PM
break in damage (by Getty [GA]) Mar 6, 2010 11:23 PM
break in damage (by sdf [SD]) Mar 7, 2010 1:17 AM
break in damage (by rick [NJ]) Mar 7, 2010 6:20 AM
break in damage (by longlivedon [VT]) Mar 7, 2010 6:50 AM
break in damage (by Josh [CA]) Mar 7, 2010 10:35 AM
break in damage (by Chris [CA]) Mar 7, 2010 5:58 PM
break in damage (by TE [TX]) Mar 8, 2010 8:00 AM
break in damage (by longlivedon [VT]) Posted on: Mar 6, 2010 6:52 PM Message:
So a tenant calls me to tell me someone they know broke into their apartment. Cops were called and intruder arrested. The deadbolt was broken out and the part of the door skin was bent. Who is responsible for paying for the damage? Am I responsible and then I have to go after the intruder? I dont think I would have any recourse against the tenant. How would you handle this situation? --66.65.xxx.xxx |
break in damage (by Virden [OH]) Posted on: Mar 6, 2010 6:58 PM Message:
Since the intruder is at fault and you can get a police report, ask the prosecutor how this case will be handled and if you can get restitution from the intruder, if not split the cost with the tenant for a new door/lock. --99.160.xx.xxx |
break in damage (by Rob [MN]) Posted on: Mar 6, 2010 7:08 PM Message:
Even if the tenant is not legally responsible, I wonder if you approached them, state the costs involved and then say something ambiguous like "How do you think we should handle this?"
Maybe they'll cave in and offer to cover it, or some portion of it? Seems to work well with my kids. ;-) --71.51.xxx.xxx |
break in damage (by Josh [CA]) Posted on: Mar 6, 2010 7:19 PM Message:
This may not of been the tenants current "Guest". But the facts of the matter is the ex-friend of the tenant did damage to the dwellings door because they knew the tenant.
It's not the Landlords fault that the tenant selects nutty's for friends.
The cost of the door repair is charged to the tenant. The tenant can chase the ex-friend for payment for the repair. Or not.
The repair is done asap. It is billed to the tenant. The landlord pays for the repair but bills the tenant right away.
I would suggest to the tenant to get a restraining order on the ex-friend. If they don't get a restraining order on the ex-friend and they return again and do or attempt to do damage to my property. I would get a restraining order on the person if possible. Probably couldn't though because you can't get a restraining order on a person for property damage. Only personal damage or threats of bodily harm. Thinking out loud here.
--24.176.xxx.xx |
break in damage (by BRAD_IN 20,000 [IN]) Posted on: Mar 6, 2010 8:29 PM Message:
Our judge says the law is clear: the tenant is king of the castle and the king protects his castle.
Tenant pays.
Your lease should be very clear: "Resident pays for repairs to all damage by persons invited or uninvited. Management is not responsible to determine who caused the damage. Example: neighbor's baseball breaks your window. Resident must pay for repairs and seek restitution from neighbor."
Also, be aware the tenant may have been having a disagreement with someone and used the door and a weapon. It's not ALWAYS a break-in.
If this truly is a break-in, tenant will most likely never see a penny from intruder, known or unknown. I would look like a hero and make a repair (when possible) rather than replace.
Change your Ernie 3 second lock and help the tenant feel safe enough to stay.
Remind them renters' insurance might cover this.
--69.243.xxx.xx |
break in damage (by BRAD_IN 20,000 [IN]) Posted on: Mar 6, 2010 8:31 PM Message:
PS: we cover LOTS of pry marks with brass door sleeves from Lowes. Minutes to install and my wife thinks they are a beautiful accessory! "Oh how nice! You added those pretty door thingies!" --69.243.xxx.xx |
break in damage (by Reid [KS]) Posted on: Mar 6, 2010 9:13 PM Message:
As a Practical matter you'll probably end up paying for this. Unless you're a good salesman. --69.155.xx.xxx |
break in damage (by SAM [OR]) Posted on: Mar 6, 2010 10:21 PM Message:
If it was a legite break-in, I'd be more worried about retaining the Tenant. They will usually move out after a break-in.
No police report, then the repairs on them.
Most towns a locking door is a requirement. You must repair quickly and bill them then if it was their fault.
We will fix the door if the Tenant supplies a police report. Just part of the script of being a LAndlord.
--71.220.xxx.xx |
break in damage (by Josh [CA]) Posted on: Mar 6, 2010 10:42 PM Message:
"tenant calls me to tell me someone they know broke into their apartment."
Tenant pays. Clear as crystal to me.
Now if it was a stranger that your tenant didn't know. The tenant filed a police report.
The tenant had items stolen from their dwelling and that was the reason for the break in. THEN the Landlord should pay for the repair of the door. --24.176.xxx.xx |
break in damage (by Robert J [CA]) Posted on: Mar 6, 2010 10:50 PM Message:
Who owns the door? The landlord. You can't ask a tenant to improve your property and install a new door. The landlord is responsable to repair the broken door or replace it. Only if the damage was done by a tenant, or someone known to the tenant -- that would be a different story. --98.119.xxx.xx |
break in damage (by Getty [GA]) Posted on: Mar 6, 2010 11:23 PM Message:
Yes, the tenant knew who broke into their home. However it is also stated that the police were called and the intruder was arrested. There is your answer.
If the tenant's friend had broken down the door and the police did not get involved, the tenant should no doubt be billed. However in this case a report was filed and the person who broke the door down was arrested. In this case the landlord pays. --99.4.xxx.xxx |
break in damage (by sdf [SD]) Posted on: Mar 7, 2010 1:17 AM Message:
Work the cost out with the tenant. Tenant is responsible. Tenant has nutty ex-friend. Tenant needs to collect what is paid from ex-friend. You could negotiate with the tenant and split the cost.
--70.189.xx.xxx |
break in damage (by rick [NJ]) Posted on: Mar 7, 2010 6:20 AM Message:
Consult a lawyer in your area familiar with your case law on a landlords legal duty to properly secure a rental unit;
because in many jurisdictions: once the landlord is place on notice the front door or other entry to a rental is compromised by a third party, any future criminal activity on the rental property resulting from the landlords failure to take reasonable steps to secure the rental, from a reasonably foreseeable risk of criminal activity is liable for any damages proximately caused by the landlords negligence
The fact that the third party was an acquaintance of the tenant does not within itself change the legal burden to the tenant to properly secure the rental
In your case the fact the police where called, a person was arrested gives credence to the legal burden falling upon you absent some other controlling facts
But since the actual legal test to see if a landlord is liable to secure the rental from the actions of a third party ; falls upon your state case laws: you need a local lawyer
for example: In NJ the test is found in Kuzmics v. Ivy Hill Apartments, 282 NJ Super. 513(App. Div 1995)
As such it would be foolish to assume your are not responsible absolutely, only once you review your case law on point can some one make an educated opinion on your potential legal exposure while you argue with the tenant on who has to fix the door --69.248.xx.xxx |
break in damage (by longlivedon [VT]) Posted on: Mar 7, 2010 6:50 AM Message:
ALL superb advice. The plot thickens however...
Tenant was arrested and is sitting in jail, I spoke with police, and they said we cannot give out too much information but the tenant did something bad they said. So, apparantly there is MUCH MORE to this story. Tenant may be dealing drugs. So the actions I need to take are now different. I dont have proof that the tenant is dealing, just a suspicion. --66.65.xxx.xxx |
break in damage (by Josh [CA]) Posted on: Mar 7, 2010 10:35 AM Message:
You still need to repair the door and secure the dwelling no matter what. Get her done.
Personally I would bill the tenant.AFTER I had the door and lock repaired pronto.
--24.176.xxx.xx |
break in damage (by Chris [CA]) Posted on: Mar 7, 2010 5:58 PM Message:
I had some fighting couples break windows, then blame an unknown 3rd party.
There will be more to the story the tenant is not saying. He brings such "friends" to the house, he pays for their damage.
You need to make renters insurance compulsory! --125.27.xx.xxx |
break in damage (by TE [TX]) Posted on: Mar 8, 2010 8:00 AM Message:
When they admittedly know the intruder you know something is up. Fix the problem, bill the tenant and start finding out a away to get him out of dodge. Arrests are public information, keep following up on this one. --99.29.xx.xx |
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