Am i responsible for the property damage?

[kenway]

I was a tenant of a property the short story is the property was burglarized the day before I was suppose to hand in the keys to the realty company. I filed a police report, took pictures, the burglar had essiantilly kicked in the back door but all of my belongings were already moved out so all they stole was the stove, water heater, window cooler, and tore apart the wall heater. Now I received the deduction for my securty deposit which was $695 but they are saying I still owe them $792, the items they are charging me from the break in are the back door/wall damage(from the deadbolt tearing out the lock since the house was secure) the wall heater damage, and for the water heater but they not charging me for the cooler or stove. I gave them a copy of the police report but they keep repeating that since I had they keys its my responsibility to pay(after the burglary I turned in my key the next day when I was suppose to, there was another insident where they refused the key the day before the burglary but now they are denying that but I think that is beside the point since I'm pretty sure about the state law concerning this type of thing in california). Isn't the landlord responsible for the property damage since there was not fault or negligence on my part? I did my own math and minus just the water heater and the wall heater from the recept they gave me concerning the deposit they would owe me money. I'm willing to call it even steven and just leave it at I owe them nothing and they owe me nothing but what should I do?

[demarco]

To my understanding, the owner of the property should have insurance on their property, which would cover any damage to THEIR property if a burglar came in and caused damage, but that would not cover your property. Your property would only be covered if you have renter's insurance, but as you have stated it was only damage done to what the property owner owns and you have a police report, the property owner should be able to settle it with their insurance company. That being said, however, considering the keys were still in your possession, they may be able to claim it as your responsibility. If I were you, I'd scan my lease to see if there is any mention of burglary. I would also contact a lawyer or legal aid and explain the situation to them. Often lawyers have free consultations and can advise you to your rights.

It seems a little weird to me, too, that they are only charging you for part of the damage. Try getting in touch with the office and letting them know they can run it through their insurance. Or if you had renter's insurance, give your company a call and ask them if your renter's insurance would cover anything.

[barclay76]

Even if you were still occupying the property at the time of the burglary, the Landlord's insurance would cover all damage to the Landlord's property.

Since most people have a deductible for their insurance ........ my guess is that the Landlord is trying to recoup that expense from you.

You tell your Landlord that the Homeowner's Insurance policy will cover these repairs and that you expect your money to be refunded to you (within a specified period of time) or you will take him/her to Small Claims Court.