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  1. #1
    Wanderlust07 is offline Member
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    Who pays vandalism damages?

    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.
  2. #2
    justalayman is offline Senior Member
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    from what I understand, you are correct. The LL, or his insurance would be responsible to pay for the damages.
  3. #3
    Cvillecpm is offline Senior Member
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    Exclamation

    I disagree - the tenant needs to claim on their renter's insurance with the police report.
  4. #4
    justalayman is offline Senior Member
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    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.
  5. #5
    Ohiogal is offline Senior Member
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    Just is correct. The landlord/Landlord's insurance is responsible to the damage to the structure while the tenant is responsible for his contents.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

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  6. #6
    Wanderlust07 is offline Member
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    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.
  7. #7
    Alaska landlord is offline Senior Member
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    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.
  8. #8
    Cvillecpm is offline Senior Member
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    Cool

    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.
  9. #9
    Ohiogal is offline Senior Member
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    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
    moburkes is offline Senior Member
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    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.
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  11. #11
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Cvillecpm View Post
    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?
  12. #12
    acmb05 is offline Senior Member
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    Quote Originally Posted by Cvillecpm View Post
    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.

    Quote Originally Posted by Cvillecpm View Post
    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
  13. #13
    Wanderlust07 is offline Member
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    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
  14. #14
    moburkes is offline Senior Member
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    Quote Originally Posted by Wanderlust07 View Post
    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.
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  15. #15
    Cvillecpm is offline Senior Member
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    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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