Ex-tenant son broke in our rental house - Landlord Forum thread 248100

Ex-tenant son broke in our rental house by outabout (CO) on February 13, 2012 @02:17

My trouble making ex-tenant's teenage son and his friend got arrested last Friday for breaking and enter our rental house. I got a call from the police - the neighbor reported seeing them coming from the house and policy detained them. We immediately went the house, no sign of forceful entry, nothing appeared stolen or disturbed. My hubby thinks that he entered via the window well to the basement, he found the foot tracks leading the window well, there was also dried broken leaves on the newly cleaned carpet by that window. There are leaves in the window well, someone would bring it with them when they enter. The screen is broken and the clip on the window that would lock it is missing. We have since chatted with our neighbors, It is apparent that they have been coming into the house repeatedly and just now got caught. They spent a night in the county jail.

Our new tenant was scheduled to move-in Saturday. They came from out of state. We met up with them, did the walk-through, and told them about this instance. We felt that we needed to disclose this to them and it would be up to them to decide. They didn't seem to be upset about it and signed the lease.

We will place a dowel on that window to make it more secure since it is no longer lockable. We have already replaced the locks right after ex-tenant moved out a month ago. Is there anything else that we need to do? Should we replace the entire window to make it lockable?

Can we recover any expenses from the parents (the ex-tenant) in the court if it comes to this? I haven't found the relevant law on this yet.

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Re: Ex-tenant son broke in our rental house by outabout (Co) on February 13, 2012 @02:44	[ Reply ]

Update - I did find that Parent Responsibility Act in every state. In CO (§ 13-21-107) parents are responsible for up to $3500 for property damage/personal injury committed by their children.

Re: Ex-tenant son broke in our rental house by Bunny MAGIC* on February 13, 2012 @04:15	[ Reply ]

Glad you found the extra info about the parents duty! As for the window, for me, I would make it as secure as possible, and that means replace the entire window to make it lockable. I think it's the right thing to do. You're lucky there were good neighbors who not only noticed, but called the police!

Re: Ex-tenant son broke in our rental house by OK-LL on February 13, 2012 @08:56	[ Reply ]

If it's a wood window, you should be able to install a new window lock; if it's a metal frame, you should be able to use the screw-on-the-channel-lock. Review your options at the big box store -- you rarely have to replace a whole window just to replace the locking mechanism, there are many after-market options available.

Re: Ex-tenant son broke in our rental house by MrDan (Georgia) on February 13, 2012 @09:05	[ Reply ]

Your State laws require more than a dowel, you are required to have a working window lock to keep from violating the State's Landlord Tenant Laws. Breach of Colorado’s Warranty of Habitability Landlords in Colorado have to provide “habitable” properties, including weather protecting roofs and exterior walls, unbroken windows and doors, good working plumbing and gas facilities, running and hot water, functioning heating facilities, electrical lighting up to code at time of installation and in good working order, common areas kept clean and free of accumulated garbage, extermination of rodents or vermin, enough outside trash receptacles, floors, stairs and railings in good repair, locks on all exterior doors, locks or security systems on windows designed to be opened, and compliance with all city codes. The ex tenant son's friends all know how to enter the rental, word gets around and you might face another break in. Why did you not fix it before the new tenant moved in? You are now on notice and new tenant can claim someone broke in thru your faulty window and you are responsible.

Re: Ex-tenant son broke in our rental house by Jake on February 13, 2012 @11:12	[ Reply ]

What are your damages?

Re: Ex-tenant son broke in our rental house by outabout (CO) on February 13, 2012 @18:25	[ Reply ]

Thank you for your thought. We will place a new lock on the window. Hopefully we will find a lock that will fit. Thanks to OK-LL for the suggestion. Indeed we didn't notice that the lock piece was missing, our fault. The house is in typical middle, upper-middle class neighborhood, we just didn't even think such a thing would happen. Lesson learned. We didn't suffer too much damage other than the broken screen and the missing lock. I just spoke with the police again. The boys are charged with 5th degree felony, which carries a minimal 1 year in jail sentence.

Re: Ex-tenant's son broke into our rental house by outabout (CO) on February 13, 2012 @18:25	[ Reply ]

Thank you for your thought. We will place a new lock on the window. Hopefully we will find a lock that will fit. Thanks to OK-LL for the suggestion. Indeed we didn't notice that the lock piece was missing, our fault. The house is in typical middle, upper-middle class neighborhood, we just didn't even think such a thing would happen. Lesson learned. We didn't suffer too much damage other than the broken screen and the missing lock. I just spoke with the police again. The boys are charged with 5th degree felony, which carries a minimal 1 year in jail sentence.