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Who pays for broken front door to rental unit?
by Eddie G (Maryland)
on April 18, 2016 @11:16
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I own a rental house in a college town that I rent out to students. Last Thursday night, someone either kicked the front door or body slammed it so hard that it shattered part of the door frame. The entire door and frame probably have to be replaced now. It looks like the damage was PROBABLY caused by someone who was outside the house, though I can't be certain.
I can't narrow down the precise moment in time that this happened, but the time window includes a period when the tenants had several of their friends over for a party, and some type of heated argument happened inside the house. These guys have alcohol and drug problems, and I'm 100% sure at least some of the people in the house during that time window were intoxicated.
However, I can't prove anything. The tenants all say they have no idea what happened to the front door, none of the neighbors saw anything, and it's theoretically possible that some random person walking down the street did the damage by kicking/body slamming the door and then running off into the darkness. Surely, that would have been very loud and surprising, but again, the tenants claim to have heard nothing.
I don't know what to do here. These guys have a history of throwing rowdy parties, destroying furniture and damaging the property, but this is the first time something has happened to the exterior of the house.
I suspect one tenant in particular did it, but I have no hard evidence and I think the other tenants are covering for him.
What are my options? I've already called my insurance company and they said the deductible for vandalism is higher than the cost of replacing the door, so I'm left holding the bag on this damage financially. I haven't filed a police report yet.
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Re: Who pays for broken front door to rental unit?
by Dave (Michigan)
on April 18, 2016 @12:18
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I would write them a letter stating that since the property was damaged, they are responsible. You can either deduct it from their security deposit at the end of the lease, OR what I would suggest is pay for it out of their security deposit now and ask that they pay an extra $X amount each month to restore their security deposit back to it's full amount.
It sounds like you know these tenants cause damage, so it's best to make them pay before something else happens and their security deposit is all used up.
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Re: Who pays for broken front door to rental unit?
by Anonymous
on April 18, 2016 @17:26
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Tell them to make a police report and after you speak to the officer you'll make a determination as to who's responsible for the damage/cost. If it's legit, they'll do it. If it was a friend (or them), they'll probably not want to report it. If they don't, have them pay the bill.
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Re: Who pays for broken front door to rental unit?
by Magic Mike
on April 18, 2016 @18:40
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Do you require renter's insurance? If so, call up their insurance company and start a claim yourself.
A basic door is about $200. However, the door jam/frame/threshold... if that is damaged and needs full replacement, that could easily be a $1000-1500.
I would inform them that they are responsible for the damage. Get it repaired and then take them to court. I would not wait until the end of the lease and take it out of the deposit. I would have it settled now.
You could even make them a deal, tell them to pay for the repairs and you wont call the cops about it.
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Re: Who pays for broken front door to rental unit?
by Anonymous
on April 18, 2016 @18:40
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Do you require renter's insurance? If so, call up their insurance company and start a claim yourself.
A basic door is about $200. However, the door jam/frame/threshold... if that is damaged and needs full replacement, that could easily be a $1000-1500.
I would inform them that they are responsible for the damage. Get it repaired and then take them to court. I would not wait until the end of the lease and take it out of the deposit. I would have it settled now.
You could even make them a deal, tell them to pay for the repairs and you wont call the cops about it.
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Re: Who pays for broken front door to rental unit?
by tenant advocate
on April 18, 2016 @19:32
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I haven't looked up the exact laws in your state but I have to say that from what you say you don't have any evidence that it was them. Basically you only know that they drink (as most college students do to varying degrees). Often landlords try their hardest to pin it on the tenants simply because that works out better for them financially.
I would say they should be filing the police report as well or at the very least demand that they cooperate with the police and give written statements. If they lie to the police then they will be breaking the law. If they did do it there is a good chance they might just come clean to avoid having to do that.
Generally AFAIK it is customary to not charge the tenant for damage which occurs from outside from vandalism or burglary attempts. I know that some landlords put it in their lease or try otherwise but generally I consider it a bit of a scummy thing to do and in some states that may not be legal or enforceable.
AS others said though if they damage your property it is probably best to get them out or not renew the lease depending on your exact situation. Renting to college students is always going to bring the risk of this sort of stuff though to some degree.
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Re: Who pays for broken front door to rental unit?
by Eddie G (Maryland)
on April 19, 2016 @22:00
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Update: I think I know who broke the door, but I have no way to prove it.
Out of the five tenants, one was in a different part of the state when the door was broken (he and the other tenants all said this), so he's off the hook.
Two of the remaining tenants were in the house during the timeframe when the door was broken, and while they didn't see or hear it being broken, they strongly believe it was caused by a particular other tenant (I'll call him "Tenant X"). They say Tenant X was in the house at the time the door was broken along with some of his friends, and Tenant X and his friends have a habit of breaking things when they get drunk and/or high together in the house.
The third tenant was in the house during the time window the door was broken, but he claims to know nothing. He's Tenant X's close friend.
Tenant X was the only one out of the five who refused to say anything about what he was doing or where he was during the time frame when the door was broken. When I asked him about it in person he showed no emotion or surprise when I pointed out the shattered door frame and asked him if he knew what happened. Because of his refusal to respond to my email about the door, I told him I will not be renewing his lease. He made a sarcastic reply.
Tomorrow I'm going back to the house to show the door to a police officer and to file a crime report for a possible attempted break-in (even though that's not what I think happened) so I can get this on record.
Still no hard proof Tenant X did it, but it should be obvious I think it was him or maybe some of his dumb friends.
Any suggestions?
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Re: Who pays for broken front door to rental unit?
by MrDan (GA)
on April 19, 2016 @23:01
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It would be natural if someone kicked in or broke in your front door and tried to rob the place, that you would call the police right away, get mad and angry. And if you are renting, to call the landlord to get it fixed right away.
From your statements, it seems you are the only one concerned about the break in. That the tenants have not reported the break in and made a police report?
You have a few choices to make;
Repair the door and frame and eat the cost
Invoice the tenants for the cost of repairs and hope they pay
Do nothing as it was caused by either the tenants or tenants guest. Which tenants are responsible for their guest.
Issue a 'Notice of Lease Violation' per your State law and require the tenants to cure the door issue or you will start eviction proceedings.
Or you could try a little adverse persuasion;
Dear Sirs’,
Mr________
Mr________
Mr________
(Address every tenant)
RE; Damaged Front Door
Since no police report has been file by you in regards to the damaged front door, the only conclusion
is that the damaged occurred, either by you or your guest. Since you are responsible for every person
you invite as a guest upon the rental property, any damages they do, is your responsibility as you are
responsible for any damage caused by you.
There forth, I am issuing a ‘Notice To Vacate’ for willfully damaging the rental property in violation of
your lease. The cost of repairing the damaged front door is $______.
If this damage cost is paid in full by xx/xx/xx, I will consider rescinding the notice to vacate.
As it might occur to you, that finding another rental under this condition of a pending eviction, you will
have a hard, if not impossible time in finding another rental property close to school.
I hope you take this opportunity to make restitution for the damage front door and not incur any future court
cost and attorney fees if further action is necessary to recoup the cost for repairs.
Please find attached: ‘NOTICE TO VACATE’
Sincerely,
This is more of a bluff to get payment for the damaged front door. If they do decide to vacate, the landlord has the security deposit and court to seek additional cost. The chances are they believe that as long as they deny any knowledge about the damaged front door, the landlord cannot do anything. It's up to the tenants to prove that criminal activity was the cause of the damaged front door. Calling the police and filing a police report would be their evidence, which sounds as if they did not report it.
Every State has a procedure to end the tenants lease when they willfully damage the rental property or become a threat or endangerment to others.
The burden is on the landlord to show that damage occurred to the front door. It then shifts to the tenants to show that they were not responsible for the damage.
As was stated, do not report this as a possible break-in. If you feel the need to report it, do so only as vandalism.
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