who pays the moving company's damages?

[nanseal]

Maryland:

My tenant's moving company damaged $575 worth of the condo building's property. The condo management company had been trying to get the money from the movers. No dice. So, now they are asking my renter for the $$. Well, now he is moving out and hasn't paid it and probably won't pay it. The condo mangement company is telling me to hold his security deposit so I can pay the damages. Am I responsible? It's not like he took a golf club to the property himself. It was damages by the moving company.

What if a visitor rammed their car into the building and the building couldn't get money out of that person or their insurance company? They couldn't come after the tenant that that person was visiting... and then ultimately the owner of the unit, could they?

If I hold his security deposit to pay these damages, could he (my renter) sue me for the return of his security deposit?

Please help... I am out of answers.

 

[dj1]

YES you must give the tenant back his money....PERIOD!

The tenant has no responsiblity for the damage, how could the tenant be liable, and you're not liable.

The condo board MUST sue the moving company in court and add the legal fees to the total amount.

 

[lshock686]

Just curious, has the owner of the property filed suit against the party actually causing the damage. I would think that if they have not responded to continued documented (certified mail) requests, that that would be the way to make them pay. As for withholding the security deposit, I would strongly advise against it. Most states will double the security amount if the tenant takes you to court to retrieve it. You also, upon withholding a deposit, must give the tenant an itemized list of all of the property damage which THEY caused within 30 days of them moving. Go after the guys who did it and leave the renter alone. Moving companies have insurance to cover damages which they cause.

 

[nanseal]

I'm not quite sure about the exact legal action that was taken against the moving company. I know that the condo management had a lawyer involved. From what my renter tells me, the moving company didn't them to contact the insurance company... they'd pay the damages out of their pocket. I'm guessing that it may be too late for the condo to submit a claim. I don't know. Wouldn't the condo have some insurance company of their own to cover damages from accidents? Why are they trying to get the renter to pay? And now that he's not paying (and I wouldn't pay it either), why are they trying to get ME to pay? They say I'm responsible for my renter. I realize that, but it wasn't my renter that damaged their property. What are my rights in this? Can I tell the condo management to go scratch?

 

[Cvillecpm]

Tenant's movers are liable.

Tenant needs to make claim against mover's insurer to fix damage and then you take any "difference" out of tenant's deposit.

You as property owner may be held responsible by HOA; however, you have recourse against tenant and their movers. If HOA sues you, you counter sue tenant/mover.