Can't prove which tenant damaged building?

Question

Hi Everyone!

I have a triplex that has a back parking lot and one of the tenants crashed into a support pillar hard enough to destroy it. I have been trying to find a vehicle with damages but I can't seem to be lucky enough to be there at the same time or it was one of their friends.

I am about 98% certain i know which unit it was, but I can't prove it. The unit i believe it is has had 2 complaints from the other tenants about partying and noise. I wouldn't be completely upset to lose them but if push comes to shove i don't know how i could enforce that they pay for the damages without evidence. Total cost to repair is going to be $600-$1000.

I can't really consider splitting it between all 3 as i'd rather take the loss than alienate two innocent units (even if it was one of the quiet ones that did it id' be alienating the other 2)

How would you recommend handling this?

Thanks!

Russell Brazil · Answer

If you cant prove it, you cant prove it. It might not even be your tenants. It could be some other random person.

Theresa Harris · Answer

@Shane H.  Glad you got it sorted and that the person came forward. It was nice of you to offer to pay half.

Shane H. · Answer

Thank you everyone for your suggestions! As an update, it ended up being one of the tenants daughters and she didn't tell him about it right away. He owned up to it and offered to pay the total. I countered due to his honesty (and wanting to encourage honesty in the future) to only charging half of what it costs to repair.

@Daryl Luc This is excellent advise, though in this case these tenants are inherited.

Scott Mac · Answer

Hi Shane,

Your probably going to have to eat it as a cost of doing business expense.

It could have been a random drunk driver in the lot, or a delivery truck--those things have a lot of heavy duty iron on the back.

Good Luck!

Sam Leon · Answer

Well that reminds me of a tenant I had several years ago.  I rented to a divorced husband whose daughter came around two days every week.  Ex wife and daughter stayed at their house.

Tenant reported broken window.  Absolutely no idea how window glass was broken.  Came home one day and broken glass.  I couldn't figure out how it happened and thought may be the lawn service crew while mowing the grass kicked up a pebble and thrown a projectile towards the window...possible.

So I got a window glass company there to repair it.  While there the daughter came to his place while Dad was still at work.  The daughter apologized to me for breaking the window.  She told her dad she broke it before he told me.  Yet her dad lied to me.

Florent Useini · Answer

@Shane H. I would ask all three tenants: “if you know who did it and you tell me and testify in court, I will pay you $500 or give you credit on half a months rent.” Then if you find out who did it, charge them for the damages and for the $500 or half months rent and another $100-$300 for your time investigating the matter.

Can't prove which tenant damaged building?

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