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Tenant's child broke door/cover

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mslassie13

Junior Member
What is the name of your state (only U.S. law)?
Virginia
I rented my home to a family for one year through a property management company.
They completed a move in checklist and everything in the house was listed as good condition. The property management company did a check out form and noted that the toilet handles were broken but the house was fine.
When I returned to my property, I notified the property management company that the cover/door to the egress well was broken and detached from the home. They notified the tenant and the tenants response was he was not paying for the damage because 1) the neighborhood kids damaged the cover by sitting and jumping on it AND 2) the damage was incurred after they left.
The neighbor within visual sight of the well stated she had observed their male child standing on the cover and playing in the well (rules out neighborhood kids). I spoke to my landscape person who went out to fertilize and mow my lawn the day after the tenants vacated, he stated he observed the cover was damaged then. (so it did happen before they vacated)
So now I am asking the tenant to pay for the damaged cover and he has said he will sue me.
What right do I have as a homeowner to make the tenant pay for damage that occured while they were living in my home (approx $300-500)? The property management company is not helpful.
Thank you very much.
 
Last edited:


Gail in Georgia

Senior Member
One wonders how the previous tenants know the neighborhood children broke the cover AFTER the tenants vacated the rental unit.

And just what are THEY going to sue YOU for?

Was a security deposit collected from these tenants? If so, this can be used to repair damages above normal wear and tear. If the former tenants disagree with the amount kept to repair this damage then yes, they may try to sue you for the amount you kept. You, however, do have witnesses to the fact that 1. their child was seen playing on the cover and 2. damage was done before the tenants vacated the rental unit.

Make certain you keep repair receipts just in case this ends up in court.

Gail
 

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