Legal Question in Real Estate Law in California
Leasing Agent Responsibility for vandalism
Hello,
I own a vacation home in Palm Springs. I use a local leasing
agent to rent it out. Recently one of their renters did $4000 of
damage to the home. The information the renters gave to the
leasing agency regarding name, telephone and address was
false. All contact was via e-mail and fax. The rent was paid with a
certified check that included a $600 security deposit. The security
deposit has been given to me. I would like to recoup my loss, but
without any proper ID I am unable to track down the renters. Is my
leasing agency in any way responsible?
Thank you,
Gregg
2 Answers from Attorneys
Re: Leasing Agent Responsibility for vandalism
depends on the agreement, but, yes. Presumably they had a duty to check out the renters.
Joel Selik
Attorney/Broker
Re: Leasing Agent Responsibility for vandalism
You could sue them in small-claims court on a negligence theory, asserting that they breached a duty to check out the proposed tenants. The success may depend upon whether your contract with the agency contains any enforceable disclaimers or other risk-shifting clauses.
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