property damage and responsibility question

property damage and responsibility question

Belmont, CA · Member since 2014 · 52 posts · 14 votes

Hi Everyone,

So this is a scenario that I encountered with my tenant a year ago, and in the end I ended up paying because I couldn't prove negligence on their part but moving forward i want to be more diligent about it. Besides the obvious, would love to know any other tricks or hints one can share on dealing with a similar situation.

My tenants were moving out and part of the deal is they had to get the windows washed (as they were washed upon their move in). They hired a window washer to wash the window. Upon inspection right before move out, I noticed the screens were messed up. All the window screens were damaged.

My husband, in disbelief that a window washer would cause that sort of damage, assumed that maybe someone tried to break in. In the end we have no idea how it happened, but besides the obvious of getting them to inspect it before hiring it out to someone, I'm assuming any damages that I can't prove were done by the tenants are my responsibility as the landlord. Any tips on mitigating such a scenario, either through something specifically written in the contract or through some proactive process?

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
12y

Assuming the screens were present and in good condition when the tenant moved in, I would charge them for any damaged screens when they move out. And it seems like there are always damaged screens. If the screens were damaged by someone the tenant hired, its still their problem. If it was some criminal act, I'd want to see a police report.

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  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    I'm not a lawyer, so no idea legally, but common sense would tell me that if I turned it over to the tenant a year ago in good working order and they gave it back broken, clearly more than normal wear and tear, they would be responsible for it, not me, and I would deduct it from their deposit. If they want to sue the window guy they hired to get their money back, that's their choice, but that's between them. As a general rule (although I have a property manager now), I take pictures of the house, inside and out, even under the sinks, before turning it over to a new tenant and at all my inspections, and keep them on file in case they say it was there or damaged already. If you don't do that already, it's a good practice.

    On the other side of it, however, I expect my tenants to leave the place in basically clean, broom-swept condition, but I've never specified window washing. If the place is unusually dirty in any aspect, I hire someone and charge it to the tenant's deposit. But specifying window washing in the lease seems a bit much, or maybe I'm just too lenient.

  • Belmont, CA · Member since 2014 · 52 posts · 14 votes
    12y

    so what if they say it was vandalized by someone else. I would assume if someone tried to break into the rental and damaged it in the process you can't blame the tenant. This is where the line gets a bit fuzzy to me. I suppose this won't happen often and it would depend on how much I really want to pursue it

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    Assuming the screens were present and in good condition when the tenant moved in, I would charge them for any damaged screens when they move out. And it seems like there are always damaged screens. If the screens were damaged by someone the tenant hired, its still their problem. If it was some criminal act, I'd want to see a police report.

  • Chicago, IL · Member since 2013 · 136 posts · 32 votes
    12y

    I agree with everyone else in this thread, if you gave it to them with working screens and they are now broken significantly, it comes out of the deposit. Take it out and make them take you to court over it and they can explain to the judge how all the windows got damaged on their watch, and how that is your problem.

  • Real Estate Investor · atlanta, GA · Member since 2013 · 456 posts · 237 votes
    12y

    Video everything with them at the unit the day they sign the leases....and video again when you do the walk-thru inspection. Videos are easy and document everything. Window screens would be tough....they can break just from window & weather....not just the window cleaner. Add the annual cost of window cleaning to your side of the equation and charge a slightly higher rent to cover it.

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