Legal Question in Insurance Law in California

Who's responsible for vandalism damage to rental property?

My friend had terminated her rental agreement with the landlord of the house she was renting (he had made the request, as he now wanted to fix-up and sell the house). On her last night in the house, she stayed late packing and cleaning, but then went to her new place to sleep. When she returned in the morning, the rental home had been badly vandalized. There were broken windows, damaged front door, garage door, and broken tile in the kitchen. Since she had moved out her things earlier in the day, she had no damage to her personal belongings. The police feel that teens with some sort of ''beef'' with her teens son must have done this. This is only a guess, noone at this time knows who did this for sure. She had no knowledge of it, and did not invite this trouble. The landlord has not offered to use his home owners policty to cover the damage. He is squarely asking her for the cash to pay for all damages (which, she of course does not have). Somehow I feel like she is not responsible for the damage to his home, because she did not cause the damage. If she had renters insurance, that would have only covered her own belongings, which weren't harmed. Who is resposible?


Asked on 5/08/06, 9:33 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Who's responsible for vandalism damage to rental property?

Your statement about renters' insurance is not accurate. Renters' insurance not only protects the renter's property but also covers claims against the renter for property damage. In this case, it might look to a court as if the tenant trashed the place upon move-out. But this would be up to the landlord to prove.

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Answered on 5/16/06, 4:20 pm


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