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Who pays vandalism damages?

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What is the name of your state? CA

I asked this on another thread but didn't get an answer.


If you are renting a home and it is vandalized, and a police report is filed, who pays for that? The tenants or the landlord? The vandals were not people the tenants knew. They were random teenage punks who threw stones through windows.


I hear a tenant is only responsible for damages they cause, or their guests cause, but I just wanted to make sure.
 


justalayman

Senior Member
from what I understand, you are correct. The LL, or his insurance would be responsible to pay for the damages.
 

justalayman

Senior Member
I was actually scolded by an attorney on this one.

The scenario; house (or apartment, can't remember for sure) was broken in to damaging the door and frame. Police were called. Apparently the perpetrator was unkown to the tenant.

I originally believed the tenant would be liable for the damages. The attorney explained that I was wrong.

I see very little difference between that situation and this one.
 

Ohiogal

Queen Bee
Just is correct. The landlord/Landlord's insurance is responsible to the damage to the structure while the tenant is responsible for his contents.
 
The same landlord that's trying to screw me over, is doing it to my neighbors. He knew their house was vandalized and kept their security deposit to replace windows.

2 windows were already broken and is in their condition statement
3 were vandalized.

He had the WHOLE windows replaced, which seems illegal. Isn't he only obligated to replce the paines? Only the glass was broken, not the window frame. Sounds like he wanted to upgrade!

My neighbors knew they could prove they weren't responsible for the 2 already broken, but they weren't sure if they had to pay for the vandalized ones. The cops told them the landlord usually pays for that.
 

Alaska landlord

Senior Member
Tough one, I would decide based on the crowd they hang with. If this is a working couple that keeps to themselves I would pay. If they have many friends hang out and party all the time, and are PITA tenants, then the chances are their friends caused the damage.
 

Cvillecpm

Senior Member
Just - landlord would have to have vandalism coverage in their policy....since this is a very rare occurance, most landlords opt out of this insurance and put the burden on the tenant and there is renter's insurance coverage for this event.

I can't believe how property insurance has changed since 9/11....coverage is shrinking and premiums are rising so a landlord having a selective coverage is a way to reduce rates.

Damage to the property should be repaired by the landlord and billed to the tenant.

As for Wander's post...the landlord replacing the entire window may have been CHEAPER than the labor to replace and reglaze glass sections only.
 

Ohiogal

Queen Bee
Cvill you are wrong. The tenant does not have to pay for being a victim of a crime which if they reported the vandalism to the police then they were a victim. And therefore the landlord's insurance should cover OR the landlord should be able to apply for compensation through the state's victim's assistance fund.
 

moburkes

Senior Member
Justa and Ohiogal are correct. Regardless of the fact that the LL CHOSE not to buy the correct policy, which is covered by the property insurance, by the way, (not a separate policy), is not the tenants fault. The tenant is only responsible for damage that he or his guests caused, not vandalism. That's ridiculous to even think that.
 

Just Blue

Senior Member
Just - landlord would have to have vandalism coverage in their policy....since this is a very rare occurance, most landlords opt out of this insurance and put the burden on the tenant and there is renter's insurance coverage for this event.

I can't believe how property insurance has changed since 9/11....coverage is shrinking and premiums are rising so a landlord having a selective coverage is a way to reduce rates.

Damage to the property should be repaired by the landlord and billed to the tenant.

As for Wander's post...the landlord replacing the entire window may have been CHEAPER than the labor to replace and reglaze glass sections only.
So...under your theory, if vandals were to fire bomb the rental property, the TENANTS are responsible? :eek: :confused:
 

acmb05

Senior Member
Just - landlord would have to have vandalism coverage in their policy....since this is a very rare occurance, most landlords opt out of this insurance and put the burden on the tenant and there is renter's insurance coverage for this event.

I can't believe how property insurance has changed since 9/11....coverage is shrinking and premiums are rising so a landlord having a selective coverage is a way to reduce rates.

Damage to the property should be repaired by the landlord and billed to the tenant.
Thats too funny to even respond to.

As for Wander's post...the landlord replacing the entire window may have been CHEAPER than the labor to replace and reglaze glass sections only.
This is true, however the landlord should not have charged tenant for it as long as it was vandalism
 
My car was smashed with baseball bats and they threw rocks through my neighbors windows. It was the last straw for me and the neighbors.

My understanding was that I had to pay for my cars damage because it's my property, and that the landlord had to pay if any damages were done to the home. My next door neighbor witnessed the attack, because he likes to sit and smoke in the dark. That's how I know it was three teenage boys. Cost me $600 in new windows.

Anyway since I had to ask about my SD, I thought I'd ask about my neighbors. My landlord probably has a long pattern of trying to rip off his tenants.

I'm thinking you all are right to say my neighbors DON'T have to pay
 

moburkes

Senior Member
My car was smashed with baseball bats and they threw rocks through my neighbors windows. It was the last straw for me and the neighbors.

My understanding was that I had to pay for my cars damage because it's my property, and that the landlord had to pay if any damages were done to the home. My next door neighbor witnessed the attack, because he likes to sit and smoke in the dark. That's how I know it was three teenage boys. Cost me $600 in new windows.

Anyway since I had to ask about my SD, I thought I'd ask about my neighbors. My landlord probably has a long pattern of trying to rip off his tenants.

I'm thinking you all are right to say my neighbors DON'T have to pay
You paid for the damage to your vehicle because you had comprehensive coverage. If you could identify the people who did it, they would be held responsible.
 

Cvillecpm

Senior Member
I was actually alerted to this possibility several years ago when discussing an incident police report with a county police officer. Since I have never seen a newer renter's insurance policy, it never occurred to me that the tenant's coverage would pay. I cleaned up a property after an "egging" sent the bill to the tenant and the tenant's insurance paid/reimbursed me....sorry guys.

Frankly, a $200 claim on an owner's policy is not worth it so paying it out of pocket was our option untill I suggested the tenant submit to their insurance which worked.

The tenant knowing or not knowing the vandals is not a issue.
.
 

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