a visitor broke a window, was incarcerated for it, who is liable to repair the window?
Posted 03 January 2013 - 09:38 AM
Posted 03 January 2013 - 12:12 PM
A visitor to my home broke a window after I asked her to leave. She smashed the window upon exit. My landlord says I need to repair the window. I made a police report and the woman was arrested. Who is liable for this repair, me or the landlord?
The ultimate liability is on the person who did the damage.
But between you and your landlord, it's you.
The tenant is generally liable for all damage caused by the tenant or the tenant's guests.
Once you pay for the window you can sue the visitor in small claims court or you can talk to the prosecutor about making restitution a part of her sentence.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 03 January 2013 - 02:36 PM
Who is liable for this repair, me or the landlord?
It certainly isn't your landlord, which means you have two basic options: (1) leave it unrepaired (perhaps waiting around for your guest to have it repaired); or (2) pay to repair it and sue your guest for the cost.
Posted 04 January 2013 - 03:27 PM
Most leases do make the tenant responsible for damage caused by the tenant or the guest of a tenant.
Even in the absence of a lease provision there is likely common law that would have the same result.
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