Rental Property Investor · North Olmsted, OH · Member since 2014 · 1 post · 0 votes
I just received a call that my tenant's boyfriend just kicked in her front door. She is filing a police report. I am planning on contacting my insurance company tomorrow. Can I bill my tenant for the repairs? Boyfriend was not invited over. Any suggestions?
Littleton, CO · Member since 2014 · 195 posts · 72 votes
10y
@Jesse Knevel Does your insurance policy have a deductible higher than $250? To have a door replaced along with the jam should not cost more than $500. If you file a claim, your insurance premiums will go up the next time you sign a renewal, which might cost you more than $500 in higher premiums for the upcoming years.
Make sure that whoever replaces the door, uses 6 " screws in the door hinges and strike plate. Most doors come with only 2" or 4" screws. This will make it much harder to kick in a door in the future.
Also make sure the lock is the new kind that can not be "bumped" and unlocked with a certain kind of key.
Portland, OR · Member since 2016 · 16 posts · 4 votes
10y
I think it depends on the situation. If your tenant is potentially a domestic violence victim, then your insurance should be able to cover it from damage done by an intruder. I wouldn't charge the tenant if she is a DV victim. I would also definitely issue your tenant's boyfriend a notice of exclusion/trespass notice to keep him from coming to the property.
Now if she is inviting guests over who are causing damage (say from partying or something) then she definitely should be charged. Either way, keep receipts and records in her file.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
10y
You cannot charge a person for the criminal act of another unless they were an invitee or guest. For example if ex boyfriend comes it is a crime. If she invited him or he lived there with her she is probably liable. I specifically have in my lease the tenant is liable for the damage caused by their guests or invitees. So if they have a party and a guest kicks the door and damages it then tenant is liable. However if the tenant was a victim of an assault because BF broke in then tenant is probably not liable as he was not an invitee or a guest. I know it seems like there is no difference but there is. Also be careful as a lot of states have passed no retaliation by landlord against a victim of domestic violence. You need to look it up and read it for your state. Many prohibit evictions or charging them for damage.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
No. Get the BF's name and address, and sue him for the cost, in small claims court. Then you keep your security deposit intact, too. He's the one who was not invited, and did the damage and he's the one who should pay for it.
First you send him a demand letter and a deadline to pay it (I'd give a week), then you file in small claims court if he doesn't pay. If he doesn't show up, you automatically win and get a judgment. Then, you can decide if you want to garnish his wages, levy his bank account, put a lien on his car, hire a collection agency to do it for you for a cut, etc.
Littleton, CO · Member since 2014 · 195 posts · 72 votes
10y
@Jesse Knevel Does your insurance policy have a deductible higher than $250? To have a door replaced along with the jam should not cost more than $500. If you file a claim, your insurance premiums will go up the next time you sign a renewal, which might cost you more than $500 in higher premiums for the upcoming years.
Make sure that whoever replaces the door, uses 6 " screws in the door hinges and strike plate. Most doors come with only 2" or 4" screws. This will make it much harder to kick in a door in the future.
Also make sure the lock is the new kind that can not be "bumped" and unlocked with a certain kind of key.
Who pays depends on the circumstances. Tenants are responsible for any damages caused by their quests. You will need to see the police report to determine your tenants and the boyfriends story.
If the boyfriend was there as a guest of the tenant and became drunk and kicked in the door then the tenant is responsible.
Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
10y
First off, confirm her side of the story with the police report and take action from there. Why would you file an insurance claim for a new door anyway? We have replaced many doors over the years and I have never even thought to do that.