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Tenant's "guest" accuses Maintenance crew of damage

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  • NESW
    Addicted
    • Jul 2006
    • 580

    #1

    Tenant's "guest" accuses Maintenance crew of damage

    You may recall my comments in Lattner's thread about sub-letting issues by tenants...

    The same tenants that I spoke of, have a "guest" staying at the property who claims on Friday that my maintenance couple damaged his vehicle earlier in the week.
    The messages left on their answer phones was by the tenant's "former" spouse (who still remains at the property despite having his name removed from the lease) were threatening.

    My m. couple have inspected their vehicle, found no damage and are adament that they did not cause the damage. The tenant's "guest" was asked why he waited until Friday to inform them, his answer was, that it must have happened when they were there as he didn't go anywhere else...

    Apparently my tenant has told my managing agent, I have yet to hear through the agent myself, my maintenance people are denying the claim (fair enough I feel).
    Guest has said he will go to the small claims court...

    Do I have a liability in all of this?
    S.
  • xris
    Fanatical
    • Nov 2005
    • 3283

    #2
    My quick thoughts.

    You are not liable in this case.

    The guest can pursue the m. couple but that is between them. It sounds like the guest would be hard pushed to justify any claim.

    Keep the threatening phone call.

    The m. couple should say and do nothing more. Wait for the guest to make the next move.

    xris

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    • Cassandra
      Forum Junkie
      • Jan 2004
      • 456

      #3
      Good graciuos these tenants & thier guests are trouble arent they! As Xris says- you are not liable- they will have to take it up with the m. people-nothing to do with you. but is does sound like they lack evidence to support such a claim.

      Did thier phone calls threaten you with assault? Under th RTA section 55 (c) you can make an application for a Tribunal ordered termination.

      Comment

      • NESW
        Addicted
        • Jul 2006
        • 580

        #4
        Thankyou both for your replies.

        The messages were on the M. crews home phone and mobile numbers... nothing to me as the property is managed by an agency, thus my details remain undisclosed.
        M. crew had given their business card to the proper tenant as she had given them the run around a fortnight ago for the original appointment and claimed she didn't have their contact details to get in touch.

        So she certainly had it and passed it to the father of her kids who was the one to make the calls. It was their "boarder/guest/uncle" whose car had the minor damage. He had no answer for why he got someone else to make the calls some days later after the "damage" occured.

        My M. Crew won't attend the property now because of the trouble (fair enough) and I believe the agency has told tenant no other contractor will be sent to make repairs whilst they are in situ... lease exp' January 2007 and we won't be renewing it.
        S.

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