Investor · Saint Paul, MN · Member since 2014 · 60 posts · 5 votes
I have a tenant who recently moved out. During her tenancy her boyfriend totally destroyed the back entry door (cost $600). He is now in prison and supposedly will pay restitution to me when he is release. The person at the court said I would have "a snowball's chance in Hell" of ever getting the money.
In her lease it states if she or her guests damages the property she is responsible for it.
I then sent her the security deposit minus the $600.
She said I must pay her her full deposit because I will be getting the money from her boyfriend when he gets out of prison.
I suppose I am "screwed" and I must return her full deposit?
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
11y
Nope, she's responsible. She's on the lease. It's not your job to find out who caused the damage. It was her responsibility as your tenant to take care of any damage that occurred.
I am a landlord in MN and I would not have given up the $600 to the tenant but I would have been happy to give my attorney that $600 to follow through!
You would have lost. He has an order of restitution from the court.
How sure you are of your opinion. I'm not so sure. Separate lawsuit. Landlord deducts damage from his tenant's security deposit. Her defense is that someone else promised to pay for it? I dunno. Her defense isn't that someone actually already paid for it. She's admitting the damage happened by one of her guests... I don't think it's so cut and dried.