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kenitorico · Oct 8, 2008, 06:40 AM

My tenant's sister and her two children were visiting my tenant. She apparently separated from her husband and the husband came looking for her at her brother's apartment (in the building which I own). The tenant wouldn't let him in (I think he was drunk), so he broke two windows, came in and injured his wife and his brother-in-law (tenant). The apartment and the corridor of the building looked like a scene from a horror movie. The husband is in jail. Everyone else was released from the hospital the same day. I have obtained an estimate to have the windows replaced. How do I proceed? Do I request payment from the tenant and the tenant intern sues the husband who broke in or do I have to sue the husband? And whose responsibility was it to clean up all of the blood?

Thanks,
KEN

ScottGem · Oct 8, 2008, 07:01 AM

You present the bill to your insurance company. You then sue the husband for reimbursement. If your tenant has renter's insurance, then he may also file a claim.

But really your tenant is not responsible for this anymore than if the apt was burglarized.

JudyKayTee · Oct 8, 2008, 07:40 AM

And unfortunately for you, it's your property so clean up is your "problem," although your insurance company very well may pay for anything which was done by professionals.

rockinmommy · Oct 8, 2008, 05:54 PM

Originally Posted by ScottGem

But really your tenant is not responsible for this anymore than if the apt was burglarized.

I don't know where you are located, orig. poster, but in my lease (Texas Apartment Assn.) this would be the tenant's responsibility, just as it would be if it were a random burglery.

This is one of the MANY reasons they ought to have renter's insurance.

According to my lease, once they sign and are in possession of the property, they are responsible for all broken glass.

It may be difficult to compel them to just come by and write you a check for the damages, so turning it in to your insurance (if you have a good commercial policy it will be covered - probably not if it's just a "fire" policy) and then you or they can go after the tenant, who in turn can go after the "husband".

This is a controversial issue. I've sat in seminars where this has been discussed round and round to death.

Fr_Chuck · Oct 8, 2008, 06:45 PM

Yes, while you may to be nice, ask the husband to pay, instead of pressing criminal charges for damage to property ** have you called the police to press charges??

Or in criminal court will he be ordered to pay for damages?

After that, the tenant and/or family did the damage, so you can hold the tenant liable, who in return would sue husband for damages

kenitorico · Oct 9, 2008, 05:30 AM

Originally Posted by rockinmommy

According to my lease, once they sign and are in possession of the property, they are responsible for all broken glass.

I'm in PA. In the lease, it does say, "tenant agrees to be responsible for any windows which become cracked or broken in their dwelling while they live there."

The tenant has indicated that he doesn't have the money to have the windows replaced. Can I provide a copy of the estimate/receipt and deduct this from the security deposit then ask him to make payments until the security deposit is back up to par?

JudyKayTee · Oct 9, 2008, 05:46 AM

Originally Posted by rockinmommy

I don't know where you are located, orig. poster, but in my lease (Texas Apartment Assn.) this would be the tenant's responsibility, just as it would be if it were a random burglery.

This is one of the MANY reasons why they ought to have renter's insurance.

According to my lease, once they sign and are in possession of the property, they are responsible for all broken glass.

It may be difficult to compel them to just come by and write you a check for the damages, so turning it in to your insurance (if you have a good commercial policy it will be covered - probably not if it's just a "fire" policy) and then you or they can go after the tenant, who in turn can go after the "husband".

This is a controversial issue. I've sat in seminars where this has been discussed round and round to death.

It's also a legal issue - my leases say that tenants are responsible for damage they cause; they are not responsible for damages caused by outside factors. Now that I look at that the wording should be more clear.

rockinmommy · Oct 9, 2008, 05:53 AM

Yes, unless there's any additional wording in your lease or state law that prohibits holding them responsible in the case of a crime, etc.

You can ask him to do whatever you want. If he doesn't do it you'll ultimately have the decision of whether to take them to court for any unpaid balance.

OR, you should definitely be able to go after the man who broke in. It won't be part of the criminal case, it would be a separate civil matter. How much damage are we talking? Small claims?

You can't go after both the tenant and the criminal. I'd go after whichever one has a job. If it's your tenant make sure and let him know that he, in turn, needs to file a case against his bro in law for the damages.

kenitorico · Oct 9, 2008, 06:02 AM

Originally Posted by rockinmommy

OR, you should definitely be able to go after the man who broke in. It won't be part of the criminal case, it would be a separate civil matter. How much damage are we talking? Small claims?

I have an estimate for $500 to replace two windows; one is a very small bathroom window. If the tenant and I can't work this out, I guess I just go to the local magistrate for this small amount?

Thanks to everyone for your help!

rockinmommy · Oct 9, 2008, 06:07 AM

Yes, whoever does small claims court in your area. Magistrate, Justice of the Peace, etc.