Robbed by Tenants in an HOA - who is responsible?

Robbed by Tenants in an HOA - who is responsible?

Parkersburg , WV · Member since 2017 · 8 posts · 0 votes

Two tenants were renting a condominium unit from an owner in an HOA run building. Last week, both tenants robbed multiple privately owned vending machines on the property. The machines were commissioned by the HOA and the total damages were around $5,000.00. The HOA has told the entity that owns the machines that the owner of the condominium is financially responsible. There is video footage of the robbery which shows the tenants commiting the crime. The HOA has had numerous issues with these tenants and are also pursuing financial relief for other problems caused. The owner has begun the eviction notice but is he financially responsible for the actions of these tenants? He was aware of their poor behavior and the tenants appear to have abandoned the property post robbery.

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
7y

You can keep asking the questions in as many different ways and keep looking for answers, but everyone is in agreement that the landlord is not responsible for the criminal actions of their tenants. The idea that they are is absurd and completely contrary to our juris prudence system.

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  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    If my tenant robbed a bank and took the money back to my rental , would I be responsible ? 

    No

  • Parkersburg , WV · Member since 2017 · 8 posts · 0 votes
    7y

    Your logic seems way off - these machines were on the property - the HOA states that the landlord is responsible for all actions of tenants. How would a bank robbery be anywhere similar?

  • Bryce LitwinPro Member
    Danville, PA · Member since 2015 · 58 posts · 58 votes
    7y

    I would say the tenants are responsible, not the condo owner.

  • Parkersburg , WV · Member since 2017 · 8 posts · 0 votes
    7y
    Originally posted by @Bryce Litwin:

    I would say the tenants are responsible, not the condo owner.

     The tenants are junkies - which the owner was aware of and they have abandoned the unit and seem to Be on the run. A police report has been filed and warrants are out for their arrest. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Not the landlords responsibility unless they were his children and they were underage..

  • Parkersburg , WV · Member since 2017 · 8 posts · 0 votes
    7y
    Originally posted by @Thomas S.:

    Not the landlords responsibility unless they were his children and they were underage..

    Even if the HOA states otherwise? the bylaws state that the owner is responsible for all actions of the tenant.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    If the property damaged/vandalized was HOA property/common area, then I think yes the owner would liable for tenant actions.....damage to HOA property, just like if they ran their car into a building

    This does not seem to be the case here though. 

  • Parkersburg , WV · Member since 2017 · 8 posts · 0 votes
    7y
    Originally posted by @Wayne Brooks:

    If the property damaged/vandalized was HOA property/common area, then I think yes the owner would liable for tenant actions.....damage to HOA property, just like if they ran their car into a building

    This does not seem to be the case here though. 

    I may not have made this clear by the HOA comissioned these machines and they were jointly owned and operated with this business. IE - a coin machine for the laundry room etc.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    why was there 5k in cash in the vending machines!!?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    Typically, the hoa does Not own the machines....they usually just receive a commission from them.

  • Parkersburg , WV · Member since 2017 · 8 posts · 0 votes
    7y
    Originally posted by @Mary M.:

    why was there 5k in cash in the vending machines!!?

    The machines were completely destroyed.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    You can keep asking the questions in as many different ways and keep looking for answers, but everyone is in agreement that the landlord is not responsible for the criminal actions of their tenants. The idea that they are is absurd and completely contrary to our juris prudence system.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    I would just eat the 5k or contact your insurance carrier......

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y
    Originally posted by @Robert S.:

    Your logic seems way off - these machines were on the property - the HOA states that the landlord is responsible for all actions of tenants. How would a bank robbery be anywhere similar?

    They robbed or attempted to rob the vending machines . If i were responsible for my tenants actions , I would be in the BIG house right now 

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