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    1975IS's Avatar
    1975IS Posts: 1, Reputation: 1
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    #1

    Mar 19, 2007, 09:09 PM
    Can landlord take money from deposit to cover damage to other's property
    Hi everyone,

    I have a question regarding the ability of a landlord to take money from his tenant's deposit.
    I live in California. A neighbor who rents, had a party in the building. One of his guests damaged my property which was located, with permission, in a common area of the building. The landlord first said his insurance would cover the damage. However, his insurance refused saying the landlord was not responsible for the tenant's actions.

    Can I demand that the landlord take money out of the tenant's deposit to cover my loss?

    Thanks for your input!
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #2

    Mar 19, 2007, 09:41 PM
    I would try that approach and if it was not allowed or did not work, you may need to consider small claims court against your neighbor. Get your documentation in order and get all your options reviewed. Best of luck to you.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
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    #3

    Mar 21, 2007, 01:43 PM
    This is between you and the person who damaged your personal property. It never was the responsibility of the landlord, which is why the insurance would not cover it. This was either a manager or rental agent speaking to you or a novice landlord. No landlord is going to turn in a claim unless there is absolutely no other choice and the amount is substantial. Your own renter's insurance may be of help to you. You do have renter's insurance don't you?
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