If the police wrongfully kick down your door because of a domestic violence call involving a child and we don’t even have a child, who pays for the damages?

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If the police wrongfully kick down your door because of a domestic violence call involving a child and we don’t even have a child, who pays for the damages?

The police officers gave us a card with the case number and we have sent a claims letter to the police department. This incident happened a month before we were planning on moving out. My landlord has sent us a letter stating he is keeping the security deposit for the damages plus we owe him $176 more on top of the $400 security deposit. He has not sent us the receipts for the placement of the door. We are planning on calling him to send those to us to make sure that is the actual amount for replace/labor cost. I would think the landlord would wait to see if the city will pay.

Asked on July 11, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If law enforcement erroneously went to the wrong location (your rental) and did damage to it (kicked down the door) the municipality employing the police officers is responsible for the damages that they caused, not you under the laws of all states in this country.

I would write your landlord stating that your position is that the city who employed the police officers who caused the damage is responsible for the costs of repair, not you.


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