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Is the landlord responsible for tenants vandalism to nieghbors private property

Discussion in 'Other Residential Landlord & Tenant Issues' started by lilfrufru, Jul 23, 2010.

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  1. lilfrufru

    lilfrufru Law Topic Starter New Member

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    Hello my question is the neighbors across the street threw rocks at my vehicle damaging (busting) several windows out one is a very expensive part to replace.I read were damage over 400 in georgia is felony vandalism.These neighbors rent there home from there neighbor who is the landlord.The landlord questioned his tenants and they claimed responsibility for the rock throwing and fingered there other neighbor who was involved.My question -is the landlords insurance if he has any liable to compensate me for my damages any help would be appreciated thank you.
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Did the landlord engage in any of this rock throwing? If no, he is not financially responsible for what these tenants did to your car.

    He could focus on evicting them. You could, in turn, sue them for the damages they caused to your vehicle.

    Gail
     
  3. FlaRiptide

    FlaRiptide New Member

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    I partially disagree with Gail. It would depend upon the insurance held by the landlord for the property. I recall years ago when my son damaged a neighbor's car by innocently runninig his toy car over the hood of the real car. My homeowner's insurance paid for this liability.

    Were the rock thrower's by chance children of the tenant's?

    I'd at least request the landlord to submit the claim to his insurance. It won't hurt you or him.
     
  4. pgl116

    pgl116 New Member

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    I will have to disagree on this, why would the landlord submit himself to taking responsibility for the actions of his tenants? It is clearly a legal issue OP should get the police report and take it to court, it is a private matter between him and the neighbors, I don't know why he turned to the landlord in the first place.
     
  5. Ctryder

    Ctryder New Member

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    WRONG! The LL insurance company has no part in this. The only reason why your homeowner policy paid was that it was YOUR son damaging a NEIGHBOR car.
    And to have the tenant ask for LL to submit claim will raise the LL policy. You know and I know, once you submit a claim, REGARDLESS, if you are liable, a company will raise the rates.
    Lets say for instance, tenant car is parked on the street. It gets hit by another car. Does the tenant ask the LL to put it on his car insurance? NO
     
  6. mightymoose

    mightymoose Well-Known Member

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    This is a criminal matter if done intentionally, and the police should handle it. The ones that threw the rocks are the only ones responsible for the damage.
    If the rock throwers were young children or this was somehow done unintentionally, then you have a civil dispute over the damage and should sue the ones that threw the rocks.

    Your own insurance should cover acts of vandalism. If you have to pay out a deductible then you could sue the rock throwers for the amount of your deductible.
     
  7. FlaRiptide

    FlaRiptide New Member

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    Filing in small claims court for under $1,000 is 99% fruitless. It will cost more in money and aggravation than it is worth. Most likely you will have a judgement piece of paper that you will NEVER collect on.

    Always take the easiest and non-legal approach first. You seldom know the full and correct circumstances about a poster's question. For all we know the tenants could be relatives or friends of the landlord. The landlord could still have normal homeowner's insurance on the property. The rock throwers could be children. Thus you have vandalism which could be covered by the homeowner's liability insurance.

    The landlord's rates won't go up due to a claim such as this. If the OP could somehow learn the landlord's insurance company, he could submit the claim directly himself without asking the landlord to do so.

    If the insurance company says no, then the alternative is legal action or simply accepting the loss.

    Regardless, a police report will be necessary.
     
  8. pgl116

    pgl116 New Member

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    No matter who the tenants are unless the landlord was involved in the rock throwing or the rock throwers were his guests or invitees, he/she has absolutely no involvement in the matter. Otherwise why stop there and not come after my insurance or yours for that matter we pretty much have the same level of involvement with the landlord.....none
     
  9. Ctryder

    Ctryder New Member

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    If OP submits a claim on the LL insurance without LL knowing, that is fraud. LL has no matter in this.
    By the way, wind just tore off a shingle on my roof, can I have your insurance company so I can file? Makes just as much sense.
     
  10. FlaRiptide

    FlaRiptide New Member

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    Don't know what you've been smoking, but that's not fraud. If you have a car accident and the person who hits you refuses to submit to his insurance, then you simply learn his insurance company from the police report and submit the claim yourself. That is definitely NOT fraud!

    You are missing my point. It is conceivable that the landlord still has simple homeowner's insurance on the property (not landlord insurance which does not carry liability). The tenants, may be relatives. If this all true, then the landlord's homeowner's insurance would cover the vandalism.

    If indeed this is a real landlord/tenant situation, then hopefully the tenants have renter's insurance which carries liability coverage.

    If the wind tore off a single shingle off my roof I would repair it myself. If the wind tore off half my roof I would submit the claim to my insurance. If your tree fell on my house I would submit the claim to YOUR insurance. As long as I have sufficient proof that it was your tree that damaged MY home, YOUR insurance company will pay whether you like it or not. (Actually, I'd submit to my insurance and they would go after your insurance.)

    Bottom line is if I were the OP I'd persue the liability insurance route in any manner that I could prior to even considering a lawsuit. Upon filing a claim the insurance company will determine the validity. If that proves meritless, then the only other alternative is small claims. That route is not only aggravating but also fruitless in most cases.
     
    Last edited: Jul 27, 2010
  11. mightymoose

    mightymoose Well-Known Member

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    The simplest way to handle this is for the OP to make the claim on his/her own car insurance. Anything that the OP is out, whether it be a deductible or if the full amount of damages is paid out of pocket, can be recovered in small claims.
     

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