How to collect Property Damages made by Drunk Driving Tenants

Question

Yes I know, I should have screened my tenants better but I am a sucker for people trying to turn their live around.

I know that they (I hope I am using the politically correct pronoun here so my post don't get deleted by a trigger happy moderator) had drinking problems but that was over 5 years ago. I even talked to their sponsor before letting them in. Everything was fine for over three months until last Saturday when they fell off the wagon, started drinking again but instead of staying at home they decided to take a ride in their pickup truck.

The result was damages to another tenant's car and two cement block walls having over 20ft damages each. The innocent tenant car was pushed over the concrete parking stop and through the cement wall out of the yard. On the picture the tenant's car was balancing on the edge, hanging over 45% outside the wall. They had to use a crane to pull it back.

The police came, collected evidence and I hope her insurance will pay for the car damage of the other tenant.

I served them immediately with 3 day notice. As a result they are not paying me rent as well. That is one of those things that keeps telling me that I should stop giving people second chances but I keep trying not to listen. As they say: No good deed goes unpunished.

My question is can i file a claim against her car insurance for the property damages caused by their car? How? I do not want to go through my property insurance because the damages are under $2000 and I don't want my insurance to go up.

Marcia Maynard · Answer

1. Documentaion. Get a copy of the police report and keep your own written documentation of the incident.2. Auto Insurance Claim. For the property damage that resulted from their DUI driving. (Always keep a record of the year, make and model of all cars belonging to tenants, that are parked at your properties, in case you have a need for such.)3. Renters Insurance Claim. For any significant property damaged that occurred before the tenants got into their car. (Require all tenants to get and maintain renters insurance.)4. Notice to Enter. Check on the interior of their unit for damages that might have occurred during their drunken spree, as well as other lease violations.5. Notice to Quit (unconditional) for materially damaging your property (the wall). Legally, this is called "committing waste".6. Demand Letter to Pay Rent. This is part of your documentation of money owed to you.7. Demand Letter to Pay Fees, such as late fees and other lease violation fees.8. Watch the property like a hawk. When a tenancy is going south, crazy things can happen!9. Consider helping the tenants vacate quicker by providing 3mil thick bags and/or cardboard boxes to collect their stuff and haul it out. Also, have on-hand a large garbage can (ownership of which is clearly labeled with your company name) with a 3mil thick bag liner for them to toss their trash. If they don't toss their trash, you will need to and so having the garbage can at the ready will benefit you.10. Keep all other tenants informed only on a "need to know" basis. Reassure them you are proceeding with taking care of the matter to the extent that the law allows. Demonstrate empathy for the tenant whose property was damaged.11. Review your screening methods and rental agreement terms. You may not need to give up on giving people "second chances", but you should always require a significant security deposit to cover your risk.12. Take care of yourself. Do what you can to ease the stress this may be causing you and your family. Good Luck!

Bobby Narinov · Answer

Thank you for the advice. Unfortunately:as it turned out, they have no car insurance. That is a big omission on my side. I'll have to start demanding my tenants to have car insurance. I am not sure whether that is allowed in the Communist Community state of California but I'll consult with a lawyer.IANAL but: The Communist Community state of California does not allow you to take large deposits. To "protect the tenants", the maximum deposit amount a landlord can charge is two months of rent where a prepaid rent is considered deposit. Because of that, and to protect my investment I had to turn down plenty of tenants begging to live in my apartment complex. So the law really protected them from having a decent place to live.I'll try not to give up on giving people a second chance but I cannot promise to do it forever especially if I keep loosing money.

Raymond Popsie · Answer

Yes for you can file a claim. You are the victim of criminal damage (or whatever it is called on your state). When someone recklessly destroys someone Else's property it's a crime:) Marcia, Thank you for your post. It helped me a lot.

Deanna McCormick · Answer

Yes car insurance claim, and ask police out to fill a damage claim report personal property, so you have a copy of that report.Your insurance should go after her insurance for the mishap, take PHOTO"S

Ryan Dossey · Answer

This is absolutely a car insurance claim for her. Do you have her insurance info? The police should have facilitated getting this over to you. You call and tell them you need to file a claim Mrs Bad Choices sideswiped a parked car and hit your retaining wall.

Matthew Paul · Answer

second that

Russell Brazil · Answer

Yes you can file a claim against their insurance