settlement,lawsuits,damages,claim,court,fraud
Is The Tenant Or Landlord Responsible For Damages To Home Fixtures Caused By A Burglary?
December
11 ,
2009 Posted by
admin In:
damages
tenant made a police report, but did not tell me of damages for over one month. The toilet & 1 window was broken and a few small holes in bedroom walls. Is it the landlord or the tenant who is responsible for repairs or replacement of property?
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Muschi
December 12th, 2009 at 2:52 am
The landlord is responsible to repair the toilet since the toilet is a set fixture that came with the unit, same with the window.
The tenant could sue because the unit is inhabitable because there is no working toilet and the broken window is a safety hazard.
Weimaraner Mom
December 12th, 2009 at 4:11 am
This can be a gray area. Most laws state that a tenant is responsible for any damage caused to appliances, plumbing and electrical if the damage was caused by the tenants negligence i.e. putting tampons down a toilet, putting papertowels etc. Electrical, installing a light fixture and you blow all the fuses or the wires melt, etc. Since the damage was caused by a burgler, why didn’t the tenant report the damage immediately to have it repaired or replaced? Granted the tenant didn’t break the toilet yet personally I think that the cost to replace the toilet should be 50/50. As for the window the LL is responsible for that, if someone broke in then the LL must immediately replace the window for the tenants security. I’d be curious as why the tenant didn’t report the toilet or window for over a month. Did the police report state the toilet was broken at the time?
Like I said it’s a gray area, the laws state the LL should repair plumbing and window as long as the damage wasn’t caused by the tenants negligence (which it wasn’t) so to be honest it’s a LL expense, it’s why LL’s carry insurance. Next time demand the tenant carry renters insurance.
chatspla
December 12th, 2009 at 7:04 am
READ the lease.
If tenant didn’t do the damage, and wasn’t responsible–leaving premises unlocked–for theft. . . . .probably it’s LL. . . because fixtures
Lease fine print covers most contingencies
Now tenant is responsible to promptly notify LL of damage, and LL can request copy of police report
Tenant’s renter’s insurance might provide coverage, but whether it covers fixtures?
LL’s insurance may provide coverage–talk to your insurance agent
I Buy And Sell Houses
December 12th, 2009 at 9:55 am
I’m not a lawyer, so this isn’t legal advice. However…
It depends in part on your lease.
For example, some leases provide that the tenant is responsible for the first $x (often $50-$200) of repairs, with the landlord responsible for anything over that amount. If the lease contains such a provision, then the tenant would be responsible up to a certain point, with the landlord responsible for anything over.
However, if the lease is silent on the issue, then the landlord generally would be responsible. It’s his/her property. Now, if there was contributory negligence on the part of the tenant–if the tenant did something that contributed to the burglary–then the landlord could make the case that the tenant should share in the repairs.
Technically, the landlord might take the repair money out of the security deposit. However–speaking as a landlord–I haven’t done that and wouldn’t do that. Keep in mind, too, that a burglary is fairly traumatic to the people living there.
You raise the issue that they didn’t tell you about the damages for over a month. I don’t see that that’s relevant unless, again, there’s something in your lease requiring that damage be promptly reported or else you’re not responsible for it. And I doubt that your lease has such a provision.
So, my advice as a landlord is: Pay for the repairs. Or: Report the damage to your insurance company–your insurance on the property will cover the damage (minus the deductible)–if you want to report it. But, in any case, take care of it for the tenants.
gafpromi
December 12th, 2009 at 10:08 am
Unless the tenant did something to cause the burglary (was negligent, etc.) I think the landlord will have the duty to replace (unless it was the tenant’s personal belongings). You may be able to split the cost with the tenant 50/50 but I wouldn’t count on it. This is why you should carry insurance for these situations.
Tim
December 12th, 2009 at 10:10 am
The tenant would be responsible. That is why the tenant should be forced to obtain renters insurance.
Who is going to break into a house and damage the toilet and small holes in the bedroom walls. Sounds like the tenant is trying to get out of damages.
maryland
December 12th, 2009 at 11:56 am
It depends on the language in the lease and the laws of the state you’re in. You should probably talk to an attorney in your area to determine your liability for the damage from the burglary.
Rachel
December 12th, 2009 at 12:50 pm
That is the landlord’s responsibility. Your homeowners insurance would cover damage to fixtures and the house caused by a burglar.
Gertie
December 12th, 2009 at 3:18 pm
Doesn’t your insurance cover these charges since the place was burglarized if they filed a report send it to your insurance company to re-coup the fee’s
Dr. Frog can fly!
December 12th, 2009 at 8:27 pm
landlord I would think. check your lease.