Legal Question in Real Estate Law in California

Accidental damages caused by tenant, who pays?

Our tenant state that THEY left the front door of the house open with the dead bolt lock in the lock position and the wind blew the door shut and broke the dead bolt and the door. The door had to be replaced and dead bolt area has to be inspected for any further damages. Who pays for the damages? Is the landlord responsible for the damages due to this being an accident?

Also, are landlords responsible by law for any utilites at a single rental property? (i.e. trash disposal or water, etc.)

Thanks for your help.


Asked on 2/13/02, 4:28 am

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Accidental damages caused by tenant, who pays?

It is possible that the landlord's insurance policy might cover such damage, but he may have a deductible that is higher than the repair costs.

It could also be argued that the damage was the result of the negligence of the tenant, in which case they could be held liable.

No, there is no law that says who pays for water, gas, trash, etc. That is based on contract between the tenant and the landlord. The services must be available, however, in order to make the unit habitable.

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Answered on 2/13/02, 3:30 pm


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