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New Member
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Sep 2, 2011, 04:59 AM
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Is landlord liable for damage to my vehicle done by evicted tenant?
Landlord argued with tenant over money and evicted him . Tenant damaged my vehicle upon leaving the property . Landlord refuses responsibility . Landlord did not supervise eviction and made poor judgement in renting to tenant who uses drugs . Landlord does not report rental income .
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Uber Member
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Sep 2, 2011, 05:02 AM
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Hello player:
No, the landlord isn't responsible for the actions of another. How do you know he doesn't report rental income, and so what if he doesn't? Do you work for the IRS?
excon
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current pert
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Sep 2, 2011, 06:19 AM
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You can try to hold him liable, but I think you will lose. Broadly a property owner is responsible for physical hazards such as holes, toxins, ice, rot, illegal or not to code exits and son on. A tenant is responsible for his possessions and is expected to have homeowner's insurance and car insurance. The fact that the landlord may have used poor judgement is too tenuous in court.
Now you can try using the fact that he doesn't pay taxes on rents as leverage, but keep in mind that landlords always have the biggest leverage of all - not renewing your lease or raising the rent.
If you like the place and can tolerate the LL, I would wait until lease renewal and see if he raises the rent and then present your leverage - either keep me at my old rent or I leave and turn you in. That sort of pays you back for the damage.
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Expert
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Sep 2, 2011, 01:18 PM
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The tenant damaged your property so the tenant is responsible. You seem to know exactly who this tenant is, so contact him to get his insurance info. If you can't get his insurance info from him then you are the victim of a hit-and-run and you should call the cops to report it.
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Uber Member
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Sep 2, 2011, 04:55 PM
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Your comprehensive coverage on your insurance policy will pay for the damage and your insurance company will go after the tenant to pay. Hopefully you had comprehensive? If no, then you're screwed and will have to fix this yourself and try to take the tenant to small claims court and hope you get a sympathetic judge.
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Expert
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Sep 2, 2011, 06:24 PM
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The person who damaged your car is responsible. Please explain how it got damaged.
In an eviction, the landlord hires people, who move out the property with a court officer standing there and the items are set to the sidewalk.
If the renter was moving their own things out, before this happened, it is just the renter moving out.
If people the landlord hired, did the damage, the landlord may be liable.
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