Third party damage to the property.

Discussion in 'Property Management' started by Pauldos, 8th Mar, 2018.

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  1. Pauldos

    Pauldos Member

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    Quick question about who is responsible for damage to an investment property I own, The tenants had a family member that moved out then return over a domestic altercation and damaged the garage door (axe holes) and damaged a air conditioner, My Pm says it's a bit of a grey area and is unclear who pays for the damages as it isn't the tenant themselves that caused the damage but a third party.

    Do I just cop it and repair it myself or is it the tenants responsibility? atm there is no police report available, there's about $3k of damage to the property. Thanks

    I also have landlord insurance.
     
    Pauldos, 8th Mar, 2018
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  2. thatbum

    thatbum Well-Known Member

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    Did the tenants permit the family member to be on the premises when they caused the damage?
     
    thatbum, 8th Mar, 2018
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  3. Pauldos

    Pauldos Member

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    It's hard to get a full story through the property manager, but as far as I know he wasn't living there at the time when he came over and smashed their car and my property in the driveway, the tenant locked herself in the house with 3 kids until the police arrived.
     
    Pauldos, 8th Mar, 2018
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  4. D.T.

    D.T. Specialist Property Manager Business Member

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    Pin on tenants. It was their family member after all.

    If they dispute it and it ends up in tribunal, they could argue (if they possess the knowledge) that the person wasn't welcome / invited, which means itd be classified the same as if say a burglar had done it. So landlord or their insurer.
     
    D.T., 8th Mar, 2018
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  5. thatbum

    thatbum Well-Known Member

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    Yeah that doesn't sound like your tenant permitted that one.

    You won't be able to legally claim from the tenant unless she allowed the person to cause the damage.
     
    thatbum, 8th Mar, 2018
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  6. Ace in the Hole

    Ace in the Hole Well-Known Member

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    Was this so called family member who moved out listed on the lease ?
    If so, guilty.
    If not, why was he living there if not on the lease ?
     
    Ace in the Hole, 8th Mar, 2018
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  7. Pauldos

    Pauldos Member

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    He was on the lease at the beginning, I need to get more information but I think he was taken off the lease before the damage was done? I assume that if he was still on the lease and had legal access to the property then the tenants would be liable.
     
    Pauldos, 8th Mar, 2018
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  8. thatbum

    thatbum Well-Known Member

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    Possibly, but its not because he "had legal access to the property". More likely because of joint and several liability as joint tenants, which is potentially a morally dubious cause of action to pursue in these sort of situations.
     
    thatbum, 8th Mar, 2018
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  9. Tom Rivera

    Tom Rivera Property Manager Business Member

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    You've nailed this, I 100% agree with your comments here.
     
    Tom Rivera, 10th Mar, 2018
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