If someone breaks into your apartment, who is responsible for paying for damages to rental property?

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If someone breaks into your apartment, who is responsible for paying for damages to rental property?

If they say you know the person who broke the window.

Asked on March 24, 2011 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If it is the case that it was a friend, family member, etc. of the tenant, that it probably would the tenant him- or herself who would be responsible. If it was a more distant acquintance--for example, a cowork of the tenant, which the tenant barely knows and has no influrnce or control over--it probably *should* be the landlord who pays; however, if the landlord wants to charge the tenant (or take it out of the security deposit), if the tenant knew the person, effectively the honus should be on the tenant to show that the person was not someone over whom the tenant had any control or influence. If the person was not at all connected to the tenant, the landlord would pay.


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