Is tenant responsible - need opinions

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Is tenant responsible - need opinions

Brian Karlow
Rental Property Investor · Algonquin, IL (Chicago suburbs) · Member since 2014 · 155 posts · 76 votes

I need some opinions from the community....

My tenant informed me today the front door was kicked in by her daughter's 19 year old boy friend when she would not allow him into the home. Upon arriving home from work, my tenant called the police and filed charges. A warrant has been put out for his arrest and police are actively pursuing his apprehension.

Is the tenant responsible for the cost associated with the required repairs? The reason for him even being at the property was the result of a relationship with the tenant's daughter; however it was against her will and a criminal act. 

Let me know what everyone thinks....I really appreciate your feedback.

Thanks

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Jorge Rullan
Real Estate · Lake Mary, FL · Member since 2015 · 62 posts · 16 votes
10y

It is going to depend on how your lease is written. Your tenant should be responsible for intentional damage not caused by normal wear and tear.  That is also why landlords take security deposits.  This is more of a who's liable question.  First, your tenant is responsible for the property, so if the lease has the right wording, she would be responsible for repairs.  Now, she can request the presiding judge order restitution as part of the judicial process.  Either way, at the end of the day,  it depends on your lease and what type of landlord you are. Good luck and definitely seek the advise of an attorney.  

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  • Robert M.
    Investor · Erie, PA · Member since 2014 · 128 posts · 65 votes
    10y

    Of course the tenant is responsible. You provided a home, their guests did damage.

    If someone else had rented the home, it would not have been damaged.

    End of story.

    Additionally Why would a landlord want to get involve themselves in a tenant personal relationship matter?

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  • Brian Karlow
    OP
    Rental Property Investor · Algonquin, IL (Chicago suburbs) · Member since 2014 · 155 posts · 76 votes
    10y

    Thanks again everyone for sharing on this topic.  All great points and certainly a huge help to me in working through an unfamiliar scenario. 

    Brian 

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  • Katie Rogers
    Santa Barbara, CA · Member since 2015 · 644 posts · 17 votes
    10y

    According to the law cited in one comment, the tenant is responsible for damage committed by tenant's guests.  The boyfriend was refused entry, so he is not a guest, right? Or will the argument redefine guest as former guest?

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  • Jeremy Dolan
    Manhattan, NY · Member since 2015 · 109 posts · 27 votes
    10y

    Simply put, fix the door now and deal with everything later. I assume you have a security deposit, use that to fix the door. In the meantime try to see if you can bill the criminal who kicked the door down. If they are good tenants then let it be, if not then stick them for the bill the first chance you get. 

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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    10y

    I say no way. You pursue remedy against the boyfriend since that is what the tenant did. If the tenant had not filed charges, then I would say their "guest" did the damage and they would hence be responsible for the damages. 

    If it were me, I would probably go to the station and have vandalism charges - or whatever willful destruction of another's property is called in your state - against the boyfriend to go with his other charges, since you have proof of actions. 

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