If my neighbor keyed my car, can I make the landlord pay for it?

Question

We have these really rotten neighbors. They have stolen our stuff, broken our stuff and vandalized our stuff. The landlord refuses to get rid of them saying he has a "vested financial interest". Two nights ago the lady neighbor keyed my car in the middle of the night. I can't afford the repair and it is BAD.... from bumber to bumper, under the door handles and DEEP. Her taking my junk is one thing. Her hurting my car is entirely another. They are moving in 10 days, so it will be over soon, but I don't want my insurance to go up and I want the land lord to take responsability for this one! We live in NH, and the LL lives accross the street.

Answer 1

Um... no way you could hold the LL responsible. If you can prove they did it (you seem quite sure) file a claim with the PoPo and turn it in to insurance... you can sue as well, but again, you have to have some sort of proof. They can easily say "I didn't do it" and after all, the burden of proof is on the accuser. Unless you live in some sort of quasi-communist state.

And LL would not have much right to evict for an unsubstantiated claim. That's between you and the neighbor, I fear. He could get in trouble for eviciting w/o justifyable cause. And have to paint, repair, etc. that comes with changing tenants.

Ah, the joys of rental property!

Key their car for revege if you want (just kidding, of course!) but other than suing the people that you think did it, you are SOL. Suing the LL would be like suing a dog's owner for getting bitten... except the LL does not own the tenants.

Answer 2

Your landlord isn't responsible for the actions of that loathsome tenant, just as he (or she) isn't responsible for your actions.

This is a lousy situation to be sure, but unless you've proof AND have filed complaints against these neighbors AND you have proof in this latest instance, you have little legal recourse.

That said, consult a lawyer anyway and see what your options are. Perhaps you can file a complaint against the landlord, though I doubt that would do much good, 'cause the response would be to not renew your lease.

On second thought, provided that YOU have been a good tenant, every landlord knows good tenants are hard to find and this one may want to keep you because of that. Perhaps that's leverage to negotiate a reduced rent for the next lease, pocket the savings, or use the savings to pay for your repairs and therefore save on the subsequent insurance premium hikes. Little is cut-and-dried these days so you have to balance all of these options and choose the one that best fits your moral center.

Good luck.

Answer 3

Hello?! You are trying to hold your landlord responsible for your neighbor's actions? How old are you, 10? "Mrs. Applesmith, Jimmy broke my pen!"

Your landlord did nothing wrong. He signed contracts with you and your neighbors for the living arrangement only. If your neighbor is an ax murderer, does it mean your landlord should be responsible for that? You're totally barking up the wrong tree here.

Unless you have prove that your neighbor keyed your car such as a video or an eyewitness account, you can't prove anything, whether you sue the neighbor or your landlord.

The solution, go key your neighbor's car and don't get caught!

Answer 4

Legally, your landlord has done nothing wrong, but practically, it appears she/he has made a poor decision in renting out to these folks. You are in a frustrating situation, but your legal recourse is against the neighbor and not the landlord.

Landlords have a very tough time evicting folks because they are bad people.....especially if they pay rent on time. The landlord does not have police or judicial power to change these folks' behavior. I am sorry about your situation, and I'd look to move out when your lease is up since your landlord could allow similar things to happen in the future.

Good luck to you, and keep in mind that ultimately, these people are held accountable for their actions....in one way or another.

Answer 5

Your landlord is not financially responsible for the act of this woman in any way. How can you be certain that it actually WAS this woman, unless you saw her commit the act ?

Stop and think this through. If you owned your own house and one of your neighbor's GUESTS keyed your car, who would be held liable and responsible ? The neighbor, because he owns the property and invited the person ? Of course not. The person who keyed the car is the one held liable for damages caused.

Answer 6

Usually your lease specifically states that the landlord is not responsible for damage to your vehicle...besides, he didn't key your car...your neighboor did. Sue her in small claims court. You car insurance should not go up for something that isn't your fault.

Answer 7

NO, but you can get the neighbor for damages. File civil action in small claims court.

Answer 8

It relies upon on the state yet yor written notice is all you are able to desire to legally vacate in maximum states. the main he shold be waiting to legally charge you for is the fee of adjusting the keys in case you do no longer return them.

Answer 9

can you prove she did it? i am in property management for a big company and i know that we cannot do anything here...if you have proof, you can sue her in small claims court...it is a very hard thing to prove though...my neighbor's sprinkler drenched my brand new black car...hard water spots all over...car wash said $80.00to get out! think i got paid back? nope! good luck! =)

Answer 10

if your landlord as been put on notice and you can prove it was her..contact the police also the landlords home insuarnce and hers as well..if he was on notice he has not fufilled his part of the lease