Law-Forums.org

[boyce]

My son is a college student and rents a room in a private home. He went out to get some food and was gone max 15 minutes. He did not lock the front door to the house as 2 other people were home. During the time he was gone, someone entered the home and broke down my son's bedroom door, causing serious damage to the door frame. No one heard anything because of the TV volume in the bedroom which they were watching TV in. Luckily nothing was stolen and no one was hurt.

It now comes to light that the previous resident who moved out 2 months ago was an unsavory character and possibly engaged in questionable activities. The kids suppose that someone came looking for the guy with revenge on the mind and when he realized that the old tenant was no longer there, he left in a hurry.
The landlord say that the kids are responsible for not locking up. Well, what about the fact that the house was occupied at the time of the break-in? Or that fact that they may have known the previous tenant was a possible criminal and the kids safety was at risk?

Who in this case is responsible for fixing the physical damage done by law?

[advent]

The current tenant is. In the lease, it stipulates that they are responsible for any damage.

1) It doesn't matter if the house was locked or not.
2) It doesn't matter if the perpetrator was looking for someone else or not.
3) It doesn't matter about the questionable activity of the former tenant.

[lundie]

The current tenant is. In the lease, it stipulates that they are responsible for any damage.

1) It doesn't matter if the house was locked or not.
2) It doesn't matter if the perpetrator was looking for someone else or not.
3) It doesn't matter about the questionable activity of the former tenant.

The landlord is responsible. The lease says the security deposit will be refunded unless there is damage 'caused by the tenant', which means the landlord has to prove the damage was caused by (wait for it) the tenant in order to keep the money. If the damage was caused by someone other than the tenant, the security deposit doesn't come into play.

That's how it works when you own a house. As owner, damage to the building is your problem and your responsibility no matter what. If my water heater blows up or a tree hits my house, I'm responsible. I might have insurance to cover my loss, but it's still my responsibility because I'm the owner. Same thing with a landlord.

Cases like yours are why lawyers make so much money. You'd be really wise to consult with one.