Legal help for renters please!!!?
I recently moved out of a town home ) I paid $3k in deposits but haven’t heard anything back from the rental company, I wasn’t expecting to receive money back because there was damages.
The day we moved in my brother backed the car into the garage wall causing there to be a hole in the garage wall with the kitchen on the other side. The cabinets were a little crooked but the counter top cracked. When i logged onto the rental portal it says I owe $20,000 in damages.... that just seems absurd. Shouldn’t the agency have called me by now? And I had renters insurance but the insurance doesn’t cover it . & the car that hit the wall didn’t have car insurance. I was thinking the owners insurance should’ve covered it.
- ScottLv 64 weeks ago
The homeowner's insurance won't cover the damage to the garage/kitchen because the owner of the car or their insurance carrier is responsible. Since the car wasn't insured, the owner of the car is responsible to pay for the damages.
- babyboomer1001Lv 74 weeks ago
The least expensive of kitchen cabinets costs around $15,000 and if the few that you damaged cannot be replaced, then they all have to be replaced. They don't sell the same styles indefinitely and colors change over the years. Our kitchen countertop cost $9,000+ about 12 years ago. That was at a $1,000 discount. Itt was granite but no countertop is cheat, except probably formica (out in the 50s). Should I go on about the cost of a new garage door and the opening/closing mechanism that you likely broke too, and the cost of repairing the wall? You don't value other people's property, do you? Why would the landlord's insurance cover damages that YOU caused? You think you can just write off damages like that? Stick him with it with just a measly $3k deposit? You will be sued and you are going to be paying for this for a very long time. You may have gotten off easy with just $20k owing.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- Casey YLv 74 weeks ago
Even if the owners insurance covered this...guess what...you are responsible and they would come after you. The easier way for the Landlord to handle is to simply sue you themselves.
$20k is not a big number for something like this.
- Anonymous4 weeks ago
You know what is absurd is that "The day we moved in my brother backed the car into the garage wall causing there to be a hole in the garage wall with the kitchen on the other side. The cabinets were a little crooked but the counter top cracked."
A car caused the damages, so the driver of the car MUST have insurance. If the driver does not have insurance then the cost of the damages will go to you, and it's up to you how you get the money, and pay, for the damages.
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- 4 weeks ago
Easiest way to look at this is to put aside the fact that it was your brother and the fact that you are a tenant and ask yourself 'who pays if a car damages your house?'.
The answer to this question is that the car's insurance covers it. The number one rule concerning vehicle accidents is that the party at fault is liable for any damages caused by that accident. So, if a vehicle crashes into your home, and the crash was the driver's fault, then he or she is on the hook for the damages caused to your home. If the damage is in excess of what is covered under the policy, the homeowner's insurance then kicks in.
But in your case, there was no auto insurance. That does not mean that brother is off the hook, it just means that the homeowner's insurance will cover the damage and then collect from him. If the car was being driven without insurance, this will become a police matter.
Renter's insurance is not applicable because that protects you not your brother and brother is the one who is liable. Neither is this something they can retain your deposit for. Your brother is the one they must go after via their homeowner's policy. If you choose to protect your brother for whatever reason, you will need to pay for the damage out of pocket and yes $20,000 sounds realistic.
- StarShineLv 74 weeks ago
Assuming you're not a complete troll:
Replacing cabinets, countertops and fixing the wall could well run $20,000.
That would likely be a car insurance claim since a vehicle was involved, but since your brother did the damage without insurance, you would have to convey that information to your renters insurance company to see if they cover it in that situation. If they still say no, you'd be in your right to sue your brother for the damages.
Landlords have a legal obligation to give you a break down of monies refunded or owed within a certain period of time (usually set by state law). In your state, putting that information on an accessible portal may suffice as notice. That means you owe the money and if you don't pay, you will be sued. Most likely you will lose your case.
- audreyLv 74 weeks ago
Your renters' insurance should have covered it. Check deeper into that.