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Who's responsible for damage from domestic​ - Landlord Forum thread 352777

Who's responsible for damage from domestic​ by Lisa (Florida) on June 8, 2017 @12:04

                              
My son was sleeping on my couch for a week when we had a argument and he broke my front door in. Police did not arrest because I'd let him be here but I did get a restraining order. I'm on housing and can't afford to fix myself. I'm vulnerable now because my door just pushes open and anyone can walk in. I'm a disabled woman who lives alone. Isn't my landlord supposed to make sure the apt is safe? I realize it was my child but police were called and the injunction filed. Shouldn't they have to secure and go after him for payment? I'm desperate and don't know what to do.
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Re: Who's responsible for damage from domestic​ by Garry on June 8, 2017 @12:40 [ Reply ]
Repairing the door is entirely on YOU and/or your SON, but DEFINITLY NOT on the LL. You need to borrow money from other friends or relatives, and get the door repaired ASAP. You can even "ask" the LL to repair it, BUT----be prepared to pay the LL UP FRONT for the repair costs. You son is ultimitly responsible for the repairs, but for now, just get it repaired, and sue your son for the costs, later on down the road. You put yourself in this position, and the LL had nothing to do with it.
Re: Who's responsible for damage from domestic​ by Steph (TX) on June 8, 2017 @13:56 [ Reply ]
As a landlord, I wouldn't leave my tenant with a front door that cannot be secured, because I wouldn't want to leave myself open to potential liability. However, the responsibility to repair is on you, since you let your son in and you are responsible for damages done by your guests. So, I would fix it and bill you. If you didn't pay the invoice with your rent, I would evict you for non-payment. As Gary said, this is really on you.
Re: Who's responsible for damage from domestic​ by lamac66 (ga) on June 12, 2017 @07:50 [ Reply ]
I agree with responders. You are responsible for damage, but I would secure my rental because it is mine. You would get a bill for that.
Re: Who's responsible for damage from domestic​ by Steph (TX) on June 14, 2017 @17:57 [ Reply ]
I would also like to address this:

"Shouldn't they have to secure and go after him for payment?"

No. YOU invited your son into the house. YOU engaged in an argument with him. YOU. Let me repeat. YOU.

You may be able to recover damages from your son--ultimately he should be held responsible. But it isn't the landlord's obligation to recover from your guest. You are responsible to make the landlord whole once he/she repairs that door. Personal responsibility really is a thing. More people should try it.
Re: Who's responsible for damage from domestic​ by Anonymous on June 14, 2017 @23:08 [ Reply ]
Though you are responsible for your guest, the landlord should make the repair asap to secure your safety. The landlord may also bill you for the cost of repairs to the damage door. You may make a reasonable accommodation request to pay the damages off over a period of time. The court may also require that your son make restitution to either you or directly to the landlord.

The landlord may also trespass your son from ever coming onto the property again by filing their own restraining order. You should abide by that decision if made. This is not an eviction issue, as you fall within the Fair Housing Act for domestic violence protection. Even it is your child, the landlord has the right to remove any person that poses a threat to the property.

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