Ex girlfriend broke windows. Who pays?
One of my tenants' ex-girlfriends broke every window in the apartment. I am trying to take her to small claims court, but in the meantime, the windows need fixed. The total is only $137 over my deductible, so no use filing a claim. Would you charge the tenant for the whole bill? Split it with him? Pay it all?
The tenant is responsible for the damages their guests do.
Your tenant is responsible for any damages by him or any of his guests, girlfriends included. This should come out of his security deposit, he should be required to make up any difference, and then he should be required to replenish the security deposit immediately. None of this should come out of your pocket. I assume the tenant's girlfriend isn't on the lease, so you will have more luck going after the person on the lease.
+1 to what @Shanequa J. said. Your tenant is responsible for their guests and is responsible for 100% of that damage and the total labor + material costs to repair it. I hope you are able to collect!
Since the damage was intentional, I would be surprised if your insurance would even cover it unless you have a specific provision that handles tenant damage.
#2 Contractors Contributor
- Severna Park, MD
Did the tenant file a police report and have her arrested? If not , the tenant is responsible
Your tenants issues are their issues. The tenant is responsible for the cost, he can take her to small claims court. The LAST thing you want is to get involved in someones domestic issues.
From the inside or outside? Big difference. If from the outside you'd have a hard time holding the tenant responsible.
Your tenant is responsible. He can figure out how to get the money from the girlfriend
How do you know his ex did it?
This should be charged to the tenant @Carole G. in the event the guest is the culprit. Is this covered in your lease?
The tenant needs to pay because it was their guest and fault . You should probably fix it as fast as you can as a broken window could be a point for unwanted entry. But have them either pay for it upfront, reimburse you or take it out the security deposit.
HOLD SECURITY deposits for move-outs!!! Solve this by invoicing the tenant and use a cover letter to explain he recovers for the EX. The invoice becomes evidence later.
Unless you have local weather issues, leave the windows as-is, take pictures to go with invoice.
?Do you have other units on this site, creating an eye sore and marketing issue? If not, leave unrepaired until invoice is paid and DO NOT allow tenant to repair for himself.
@Carole G., I'm assuming you've already replaced the windows. This is a tenant charge because a tenant is responsible for the actions of those he allows into your property. This is why landlords require their tenants to carry renter's insurance which covers vandalism, theft and liability. Yet even then, proving it was all her work and your tenant didn't play a part in it, may be difficult. If he filed a restraining order, that might hold water. Anyone can make a police report about anything. If you can't get the tenant to pay up, save the repair receipt and deduct it from tenant security deposit.
Bad tempered tenants and their partners, friends are the worst, so you have my sympathy!
Why are you trying to take the ex to small claims? I would hold the tenant accountable, and tell him to consider filing a police report and seek a civil lawsuit against her.
You may want to revisit the lease agreement and identify your options if the tenant refuses to pay. Did this happen from inside the unit? Is there proof that this was an intentional act from the ex? Just because the tenant's window was broken doesn't mean he's automatically responsible.
Tenant responsible. Same thing as if window is broken by baseball or golf ball flying through the window. You also would not be paying for "act of nature" like if a tornado blew the windows out. Maybe his renter's insurance will cover the damage.
Devil's advocate here. If she came onto the property uninvited and broke the windows, she wasn't a guest at the time.
I had to kick out a guy who was a great guy, great tenant - because of his extremely good looking and more extremely insane GF. Tons of noise and drama, her throwing his furniture into the building hallway while screaming at the top of her lungs, cops being called, and even his blood on her - she'd attacked him! Little thing, too, and he was huge.
She helped him move and they got a place together. Nobody ever called me for a reference & he'd lived there for several years. Hardly any landlords ever called me for a reference. And I was one of the rare ones who would tell the truth. Crazy.
He was on a month to month, so I just gave him 30 days notice to move. You'll want to kick your tenant out, too, no doubt. Hopefully, they didn't just start a lease.
Where's @Carole G ? She did not provide enough information to give sound advice. If the girlfriend showed up uninvited then you'd have a hard time making the tenant liable. I would also be careful as to how I asked him to leave as he could be viewed as a victim of domestic violence and the landlord action as illegal.
Originally posted by @Account Closed:
Where's @Carole G ? She did not provide enough information to give sound advice. If the girlfriend showed up uninvited then you'd have a hard time making the tenant liable. I would also be careful as to how I asked him to leave as he could be viewed as a victim of domestic violence and the landlord action as illegal.
I think the only special right a domestic violence victim has, is the right to break a lease.
@Sue K. that sounds awesome. hot babes, blood and drama.......forget subscribing to HBO.... just answer maintenance calls to your properties and you get real housewives on demand
Originally posted by @Atwan Kwan:
@Sue K. that sounds awesome. hot babes, blood and drama.......forget subscribing to HBO.... just answer maintenance calls to your properties and you get real housewives on demand
LOL so true. Sheesh, his apartment was right across the hall from my manager's apt. One night I hear this screaming and banging, and she's throwing furniture into the hallway! Other tenants started blowing up my phone. I called the police and offered to let her come inside my apt when I saw blood on her. The tenant had taken off - I thought, because he'd hit her. She got squirrely when the police arrived, and later one of the policemen told me it was actually HIS blood on her! Because she'd attacked him!
And just before that, there was a screaming, hair-tearing incident outside the building where his former girlfriend and the new girlfriend were have a cat fight right outside the building. Yeah, he got a couple warnings to keep his drama out of the building, then he got his 30 day notice.
Funny, because he was soft-spoken and really big - like 6'3" and maybe 250lbs, and both girlfriends were little teeny short things - but hellcats! Yikes!
Those are the kinds of things you can't anticipate. Nice guy, quiet, works for the water department - who'd have every guessed? There was no drama for about a year, then the old GF would be crying in hysterics when he was breaking up with her. He'd leave the apartment and she'd follow him outside like some wild novella, sobbing and begging and beating on his chest right outside my window. Then, he got the new one.....
I picked up the police report yesterday. Story is that gf came to the apt to brother #1. Brother #2 doesn't like her, so he pushed her outside. She put her fist through the window. After that, there was a lot of glass breaking and blood on part of gf and Brother #2. One of the brothers called me last night about the windows being repaired. I told him he is responsible, and he is checking to see if he can get a better quote than I did. So, that's the update for now. Oh, and last weekend we talked to all the neighboring tenants. They told us a man was arrested. Hadn't heard THAT part of the story from brothers.
#2 General Landlording & Rental Properties Contributor
Do not allow the tenant to do any work or hire any contractors. It is you property and your responsibility to make all decisions. He pays regardless.
Right Greg S. He asked to replace them himself. I told him No. It has to be a professional, and they have to contact me.