Who is responsible? renter or landlord?

nctrnlNovember 1, 2007

Ok here is the hypothetical situation....

Halloween night, the renter of a house turns off all inside & outside lights & then leaves for work at 6pm. Later that night pissed-off neighborhood trick'or'treaters eggs, breaks windows,spray-paints the house's facade because they cant get candy there (kids are out of control these days... in my day we would just move on if a house looked vacant on halloween).

ok now... WHO is supposed to pay to have the damages repaired? The renter or the landlord?

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bud_wi

The kids that did it are responsible to pay for the damage.

    Bookmark   November 2, 2007 at 12:33AM
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plasticgarden

Yes I agree with Bud wi. Until that happens....insurance? I hope the cops were called.

    Bookmark   November 2, 2007 at 2:00AM
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moonshadow

Were if me (have rental houses) this one would land in my lap. Dwelling Insurance covers the structure(s). If damage was significant enough and above deductible, I'd turn it in to insurance. (Would also of course immediately file a police report but hopefully in this scenario tenant would do that immediately upon discovery.) If something of tenant's was damaged (say a swing set in the yard got all smashed to bits by the brats) then renters insurance would have to take care of it because it's not part of the physical structure that landlord's Dwelling Ins covers.

Had a sort of similar situation come up but it was burglary, not vandalism. A ring (eventually caught) was operating with two adult supervisors directing teens over nextel's during break-ins. They hit a house of ours, broke into the garage. Did some hefty damage to service door getting in and stole many of tenants tools, mower and other personal items in garage. We replaced the door (part of structure) at our own expense because it was lower than our deductible so our Dwelling Ins would not have covered it. (We keep a very high deductible and don't turn in every little claim because of the high cancellation rate in recent years). But tenant's Renters Insurance covered loss of their personal belongings ($ thousands) and if they didn't carry it they would have been out of luck.

    Bookmark   November 2, 2007 at 8:18AM
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talley_sue_nyc

The tenant can't possibly be held responsible for the actions of someone else (maybe damage caused by his guest--but egg-throwing kids are certainly not guests).

It's just what comes from actually owning the property. The tenant is only responsible for repairs caused by HIS NEGLIGENCE. (If he had decorated for Halloween and left the porch light on, maybe you could argue he was negligent by sending the wrong signals, but still...it's not like he egged the house himself)

Just as if a burglar damages the house, it's the landlord's problem.

    Bookmark   November 2, 2007 at 12:39PM
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