Legal Question in Real Estate Law in California

Tenant has Front Door Damaged

I own a duplex and my front tenant is in a dispute with the back tenant. The tenant claims that the back tenants brother-in-law kicked in his front door while he was not home. I have informed the front tenant to make a police report. Now the tenant expects me to go to his unit and replace the front door. Who is responsible for repairing or replacing of the front door? If the tenant is responsible and does not repair and replace the door may I deduct this from their security deposit?


Asked on 2/13/02, 3:04 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Tenant has Front Door Damaged

You should confront the back tenant, and let him know that his guest has caused the damage, and that he is responsible. If it can be established that his guest caused the damage, you could withhold from the security deposit.

You have another potential problem, however. Since you have tenants who are not getting along, to the point that one of them or their guest) acted violently and you are aware of it, you, as a landowner, have a higher level of duty of care. You should consider determining the real trouble maker, and giving them notice to move. You could be liable if one tenant is injured by another tenant, or his guest.

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Answered on 2/13/02, 3:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenant has Front Door Damaged

I would add to the previous advice that, one way or another, you need to make sure the repair gets done promptly. Even if a written lease assigned or granted the right or responsibility to make repairs to the tenant, you would have ultimate responsibility for making repairs necessary for safety and security. Don't allow an unlockable exterior door situation to exist.

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Answered on 2/13/02, 3:46 pm


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