VRBO Owner filing vandalism report on me

[SZavoda]

So my daughter and I rented a beach condo through VRBO. A few days after we checked out the owner responded that we caused damage at the property. A chipped table, damaged headboard, and broken drinking glass.

Long story short, the table top was not connected to the base. My daughter pushed down on it to get up from chair and it fell on her, hurting her foot. The other items we did not break or have any idea about. The owner harassed me with emails over the next 24 hours. When I finally got back to him and explained situation, he said because we refused to pay he is going to police station to file vandalism charge.

Can he do this?
If the report is there does it go on my record?
If we settle in the meantime, does the report do anything?
If he does want me in court, how long until the case would be heard? I have to be out of country for 2 months on a work assignment.

 

[quincy]

What is the name of your state?

Did the homeowner present you with a bill for damages? How much? Did you offer to pay for the table that you admit to breaking?

Nothing prevents the owner from reporting the damage to his home to the police but you are unlikely to be charged with vandalism for chipping a table, damaging a headboard and breaking a glass.

The police are likely to consider this a civil matter, with the owner seeking compensation through a lawsuit.

 

[CdwJava]

What state is this?

In general, vandalism has to be an intentional act, not an accidental or negligent one. While the property owner may make a report to the police, I doubt that any charges would be forthcoming unless they have some reason to believe that the damage was intentional. Even then, depending on the laws in your state, the matter might STILL be civil. It is possible the police would not even TAKE such a report - at least not as a crime. I have received a few such allegations in the past, and the most we would tend to do is "document" the allegations, but without forwarding any request for charges to the DA.

You might consider settling on any damage you were responsible for just to avoid any lawsuit.

 

[SZavoda]

I haven't agreed to pay for anything yet. They barely gave me anytime to respond. He presented pics of the damages and just told us what amount to pay. They said 100 for headboard, 202 for the table and 10 for a plastic drinking glass.

 

[SZavoda]

If the owner provided a table like this .... top not connected to base and tips over easily .... isn't that negligence on his part? It's only a matter of time before someone else tips it over and it gets damaged or worse. Especially since there are no warnings anywhere about the table. Can they ask for someone to pay in this situation?

 

[CdwJava]

They can always ASK someone to pay. Whether they might be successful in small claims court is another matter.

What state are you in?

 

[quincy]

If the owner provided a table like this .... top not connected to base and tips over easily .... isn't that negligence on his part? It's only a matter of time before someone else tips it over and it gets damaged or worse. Especially since there are no warnings anywhere about the table. Can they ask for someone to pay in this situation?

Yes. The owner can ask you to pay for any damages he claims you made to his home.

Please provide your state name and the state where the rental is located. Thanks.

 

[SZavoda]

I am in Ohio but this happened in FL

 

[quincy]

So ... $312 worth of damage is being claimed.

You can try to negotiate a lower amount to compensate the owner for the table damage, this to avoid a lawsuit. Then settle the matter by paying.

VRBO offers a review section where you can rate your stay. Stick to honest, unemotional, provable facts. No exaggerations, no generalizations, no defamatory comments.

Good luck.

 

[SZavoda]

Thanks for your help. Since he's already filed a police report, if we settle, does the report just sit there or does it go onto my record any way or to a court? He's now asking for us to pay the filing fee for the report as well

 

[quincy]

There is no filing fee for a police report.

 

[Just Blue]

There is no filing fee for a police report.

There is however a fee for filing a small claims action.

 

[SZavoda]

Any free attorneys for this sort of thing? If it IS small claims, how long in FL typically before a case would be heard? If i DID go to court, I don't have any pictures to prove I didn't do the damage or evidence of it. He claims he has before and after pictures. Do I even have a case or is it just better to pay and settle in this case? This is more about the principal of it to me I guess. I hate being taken advantage of. I should be suing him for the unstable table that fell on my daughter.

 

[CdwJava]

Thanks for your help. Since he's already filed a police report, if we settle, does the report just sit there or does it go onto my record any way or to a court? He's now asking for us to pay the filing fee for the report as well

A police report generally just sits there. Unless criminal charges are filed, the only place the report will exist will be in the files of the police department. Not to mention that, as I mentioned, there is no guarantee that they even took the information as a CRIME report. And, if they did, it's likely because they have no way of knowing that it was not because they have not spoken to you.

 

[quincy]

It does seem that the owner is being a bit unreasonable, especially since the damage is minimal.

You have some options. The first is to ignore him and wait to be served with a small claims summons and complaint where in court he will be held to his proof of damages and costs.

Or, you could try to settle the matter by paying a negotiated amount.

Or, you could send a formal letter to him requesting dated before and after photos with proof of value and cost of repair (I doubt he can provide any of it). If your daughter required any medical treatment for the injury to her foot, you can include in the letter a bill requesting he cover her costs.

Good luck.