If my ex-husband unexpectedly kicked in my front door to my rental, am I responsible for this something since I had no control over it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my ex-husband unexpectedly kicked in my front door to my rental, am I responsible for this something since I had no control over it?

I’m now being charged $600.

Asked on June 21, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you should not be responsible:

1) Tenants are only responsible for damage done to their premises by people under their control--which you state your ex-husband is not (e.g. he was not invited, was not a guest, is not living with you, etc.--if , however, he was a guest or is living with you, then you would be responsible). If you become involved in litigation with the landlord over the money, you'd need to be able to show that your ex was not under your control at the time of the incident.

2) If you are the victim of domestic violence, I believe the Violence Against Women Act (VAWA) prevents the landlord from charging you for damage done by your attacker.

Suing your ex-husband may be the landlord's proper recourse.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption