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B&E at a rental, restitution for damages?

Old 09-01-2017, 09:32 AM
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Default B&E at a rental, restitution for damages?

THT trifecta; rentals, law enforcement, and attorneys!

Had a rental condo broken into last weekend. Ended in an arrest, and me having to pay to have a giant sliding glass door replaced.

My wife asked if I'd be reimbursed for it. I called the LEO with the case number and he said since I wasn't the victim, I'd have to pursue it in civil court. He said I could maybe have my tenant file To add "damages" to his case. Officer is reaching out To the solicitor Tom get a second opinionand will

Anybody been here before? Should I have tenant handle it? I'd think no. Small claims? Ask my attorney To get involved?

Before you ask the question I know is coming, yes it is properly insured, but it doesn't reach my personally set threshold for filing a claim with insurance.
Old 09-01-2017, 09:42 AM
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This sounds like something that if pursued, will cost more $$$ then if paid out of pocket!
Old 09-01-2017, 09:47 AM
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LEO needs to add you to the report as a victim. You are the victim for the breaking and entering portion of the crime, where your tenant is a victim of a separate, but related crime, burglary. It very well could be that they have not yet/were not planning to charge them with the B&E. Press the LEO, and if no response from them, the solicitor for the added charge. We had a commercial property broken into that we rent. Crackheads did some damage to a door to gain access. We had several thousand $'s worth of property stolen, and the door damage was around $1K. Restitution pays us and the landlord concurrently until the lesser amount is paid off and then all funds will be diverted to us until paid in full. Best I can tell realistically we will never see the end of it, but if nothing else it keeps the crook active in the pardon and parole system until paid.
Old 09-01-2017, 09:50 AM
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If the damage was caused by a "guest" of your tenant, then they are on the hook for damages.

At least, the lease we use ties damages caused by tenant and their "guests"...baby daddy/ex wife/friend/etc.
Old 09-01-2017, 12:19 PM
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Originally Posted by triguy7 View Post
If the damage was caused by a "guest" of your tenant, then they are on the hook for damages.

At least, the lease we use ties damages caused by tenant and their "guests"...baby daddy/ex wife/friend/etc.
Not a guest of tenant. Tenant is a good guy, active military. He has been great throughout this whole debacle. Criminal that broke in lives nearby and is a known scumbag.

Spoke to my attorney, he said if I can't get added To police report small claims is it. Luckily where this is, the system is not in criminals favor, and the LEO are solid.

LEO that filed report is speaking to solicitor to get me some answers and will get back to me.

I have little illusion somebody stupid enough to smash an 8' slider in his own complex and break in has any savings or any source of legal income, but for $50 or so I'll put it on his record.

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