I have a tenant call and and said the weed wacker kicked up rocks and broke the glass to the sliding patio door. I told her that is not normal wear and tear so you will be responsible for the repairs of the door. I suggested she file a claim with her renters insurance. 10 minutes later she calls and says she lied and that and her ex boyfriend who she has a no contact order against came over uninvited and kicked the door in. Her insurance will not cover the cost of the repairs. Am I responsible for the cost of the repairs or is the tenant. She said she does have a police report, but has failed to provide a copy yet.
Great question. Id ask her.....if you lied the first time, why should I believe the second story?
Disclaimer: Not a lawyer and do not know where you are talking about much less the laws there.
I feel that would fall under the tenant responsibility. The property was provided in a certain condition and should be returned in the same condition. Just like if an EX smashes the windows in a car or slashes tires, the bank doesn't get on the hook for the damages when it is a lease. Now there are legal remedies she can AND SHOULD take to make him responsible for the costs associated with replacing his vandalism. There are also victim advocacy groups that may be able to assist her in that regard. They have seen and know how to help in these situations. As a landlord even trying to help is just inserting another person without the specialized training into a volatile situation. I would guide her to the police and victim rights groups, but accepting the damage as "your problem", I would not.
Good luck and I hope it works out.
If the second story is true, she may be scared of a violent ex-boyfriend. I would wait to see the police report and double check to see if the times match up. If she can't produce the report she claims to have, then something is fishy.
First, start documenting all conversations with your tenant since she hasn’t been truthful so far. Second, tell her you will need a copy of the police report to provide to your own insurance company if you end up making any claim with them. Third, ask your insurance agent for their thoughts on the situation as they may be able to help you determine who is responsible for the repairs. My guess though is that this may be a sort of gray area—could the damage be attributable to a “guest” of the tenant since he was only there because of her? She may be able to dispute that because of the no contact order though.
In the end, you’ll probably end up either paying this yourself because it’s too small to bother making an insurance claim, or you will pay for the repairs and withhold it from her deposit and then she’ll have to choose either to come after you or the ex-boyfriend to recoup her costs, or just accept the charge.
Tell her to get some quotes to fix it herself. It's her baggage.
also, sliding glass doors have tempered glass, so I don't think they're that easy to break by kicking. You need a sharp object. Even rocks thrown up by a weed Wacker won't break the glass
Tenant is responsible
No doubt tenant.....
You can feel sorry for her if you want, but its not your responsibility. Just because she has drama in her life doesn't shift the cost to you.
Thanks all for the advice. I had a long conversation with her but ended up telling her since this was not a random mishap or break in she would be financially responsible for the damages. This damages do not fall under any normal wear and tear category. However, as the landlord I am responsible for providing a secure place and will secure the home in a timely manner.