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    Njohnson70's Avatar
    Njohnson70 Posts: 4, Reputation: 1
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    #1

    Aug 31, 2013, 02:28 PM
    Damage to exterior door due to attempted robbery
    My son was renting a house while away at college. Someone attempted to kick in the door. He reported it to the property manager who did eventually arrange to have it repaired. The home owner is now withholding our $1100 security deposit stating irreparable damage to the door. Is the tenant held liable for property damage due to criminal activity?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 31, 2013, 02:55 PM
    Nope.

    Does the landlord dis-believe his story that it was caused by a stranger?
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    #3

    Aug 31, 2013, 04:14 PM
    Quote Originally Posted by AK lawyer View Post
    Nope.

    Does the landlord dis-believe his story that it was caused by a stranger?
    Not that I'm aware of? It happened in the fall of last year while my son was gone for the weekend. He called the realitor/property manager as soon as he returned home to report it. The person didn't get in the house and nothing was stolen. The deadbolt split the door frame which is the damage that the property manager arranged repair for. Sh
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    #4

    Aug 31, 2013, 04:16 PM
    Quote Originally Posted by Njohnson70 View Post
    Not that I'm aware of? It happened in the fall of last year while my son was gone for the weekend. He called the realitor/property manager as soon as he returned home to report it. The person didn't get in the house and nothing was stolen. The deadbolt split the door frame which is the damage that the property manager arranged repair for. Sh
    Should I have an attorney draft a letter demanding that the deposit be returned?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 31, 2013, 05:06 PM
    Was a police report made? This should have been covered by the home owners insurance.

    And yes if you have an attorney who will draft a letter and send it, go ahead. But if the landlord stands his ground, it may require going to small claims court.
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    #6

    Aug 31, 2013, 05:58 PM
    Quote Originally Posted by ScottGem View Post
    Was a police report made? This should have been covered by the home owners insurance.

    And yes if you have an attorney who will draft a letter and send it, go ahead. But if the landlord stands his ground, it may require going to small claims court.
    No he didn't call the policy since they didn't get in and nothing was taken. This was his first time living on his own so he didn't know.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Aug 31, 2013, 06:09 PM
    Quote Originally Posted by Njohnson70 View Post
    No he didn't call the policy since they didn't get in and nothing was taken. This was his first time living on his own so he didn't know.
    Do you mean he didn't call the police? Or he didn't make a claim under his renter's insurance policy?

    I believe it should have been covered by the landlord's policy (As Scott has indicated). Thus the landlord should have made the insurance claim.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Aug 31, 2013, 07:03 PM
    And if no police report was made, the landlord might have a case for not believing the circumstances.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Sep 1, 2013, 06:38 AM
    Quote Originally Posted by ScottGem View Post
    ...
    And yes if you have an attorney who will draft a letter and send it, go ahead. But if the landlord stands his ground, it may require going to small claims court.
    There is an ethical problem here. If I were asked to write such a letter I would have a problem making an implied threat that, unless the landlord complies, I will sue the landlord in the OP's behalf. Because normally that amount of money is not worth an attorney's time. So if I were to write such a letter I would be careful not to say, falsely, that I would represent OP in such a suit.

    The landlord could well understand that it was an empty threat.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Sep 1, 2013, 06:54 AM
    Quote Originally Posted by AK lawyer View Post
    There is an ethical problem here. If I were asked to write such a letter I would have a problem making an implied threat that, unless the landlord complies, I will sue the landlord in the OP's behalf.
    Not necessarily. First the OP didn't ask for a letter threatening legal action, just demanding the deposit be returned. But yes, I see where that could be an implied threat. But that could be handled. How about a letter like this:

    Dear Sir:

    I have reviewed the law concerning your withholding of my client's deposit. Under section xyz, I believe that doing so does not have legal merit.

    I suggest you return the deposit or I will advise my client to pursue whatever legal remedies available to him.

    Such a letter doesn't bind the attorney to legal action, but indicates that the client is being advised what the law is and what their legal remedies might be.
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