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Thread: Tenancy issue. Who is responsible for damages if you experience a break in?

  1. #1
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    Default Tenancy issue. Who is responsible for damages if you experience a break in?

    As a tenant of a rental property, who is responsible for the damage repair after a break in?

    I have an employee who had his bedroom & front window smashed inwards. He had to secure the openings with plywood with no help from the landlord.

    His landlord is demanding he repair the damage and that he is responsible for the bill.

    Whats the law on this?
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    I don't know what the law is but I'd say the tenant would be responsible otherwise what stops someone from just saying damage was done during a break in. The property was rented to someone in good condition and should be returned in the same condition.

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    The landlord has insurance for this. He owns the unit, he is responsible for it.

    Sucks it was broken into, but it would be similar to a rental car being broken into, those costs are covered by insurance.

    I could be wrong, so I would like to hear other people's perspective as well.

    I am saying all of this as a landlord myself. So it's a good learning moment for me as well.

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    Assuming there is proof of break in (and not a party gone wrong) its up the landlord to pay damages caused by act of god, accidental fires, criminal acts, etc.

    As stated, thats why you get home (tenant) insurance.

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    as long as a police report is filed, and nothing to suggest it is fraud, landlord is 100% responsible for repairs to the house and property, however, not the contents that belong to the tenant(s).
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    It's the landlord's responsibility per the RTA handbook and the Housing Regulation of Alberta. The RTA handbook points to the Housing Regulation and the Housing Regulation says that the owner is supposed to ensure that the property is in good repair.

    A police report isn't required.

    No proof of break in is required.

    The RTA handbook has one of the landlord's obligations as:
    ==========================
    Make sure that the residential premises meet the minimum requirements set out under the:
    (a.) Alberta’s Public Health Act;
    (b.) Housing Regulation; and
    (c.) Minimum Housing and Health Standards,
    ==========================


    Under the Housing Regulation, it notes that the Owner's obligation is:
    ==========================
    3(1) Subject to subsection (3) and section 4, an owner shall ensure that
    (a) the housing premises are
    (i) structurally sound,
    (ii) in a safe condition,
    (iii) in good repair, and
    (iv) maintained in a waterproof, windproof and
    weatherproof condition;
    ============================
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    Lets say it was Vandalism and items were thrown through a window. Clearly not the occupants issue.

    HOWEVER - if this is a problem house, then I can see the owner raising concern. No details or location within the city given.

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    As mentioned, landlord's issue. Interior damage from the tenant is their responsibility, as is damage to their own belongings. (Ie: theft). Exterior/structure is landlord.

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