Legal Question in Criminal Law in Michigan

who has to pay for damages to property

if you are the victim of a break in who pays for the window ? the landlord or the tenant of the housing unit


Asked on 10/30/07, 3:03 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: who has to pay for damages to property

Ultimately, the criminal DEFENDANT in the break-in must pay restitution for the damage (e.g., repair/replacement of the broken window), pursuant to Michigan' Crime Victim's Rights Act and Article I, Section 24(1) of the state constitution.

But it can take months to obtain a conviction, and time after that for the defendant to pay the restitution through the court.

The window needs to be repaired NOW. So, who pays the repair bill up-front?

If this was a criminal act, and not damage caused by the tenant (intentionally or negligently), then the landlord should repair the window. The landlord is the real 'owner' of the property, and would be the CVRA victim to whom the criminal defendant would pay restitution.

If the tenant's personal property in the apartment was damaged or stolen during the break-in, the landlord is not responsible to replace/repair it. The tenant should buy "renter's insurance" (which is very inexpensive, but worth the money).

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Answered on 10/30/07, 9:30 am


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