How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
1723468
Type Your Legal Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

My landlady wants to charge me a fee for some damage that a ...

This answer was rated:

My landlady wants to charge me a fee for some damage that a guest of mine did to the public area of the property on his way out. I agreed when it was around $1000 but now she's saying its up to $3000. Can't I have her go after the guest since he even confessed on a police report and was even caught on tape? Am I legally responsible for damage done to the property caused by my guest even if he apologizes and confesses to Police? Also, am I allowed to ask for extra estimates or quotes on the repair bill?
In general, the tenant is responsible for maintaining the premises in a safe, clean and habitable condition and the tenant can be responsible for loss or damaged suffered by the landlord because of the negligence or misconduct of the tenant's guest. These terms are usually spelled out in your lease agreement. So can you be liable? Yes under the lease agreement. The landlord is not required to file suit against your guest as you are bound under the lease agreement. For you to recover you would have to sue your own guest for the payments that you pay out to your landlord.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.


Attorney & Mediator and 2 other Legal Specialists are ready to help you
Just noticed that you edited your question after I had posted an answer, which you have already viewed but not yet accepted.

You are not liable for the criminal behavior, but you may be liable for the damages to the premises. You yourself can get extra quotes/estimates if you feel the landlord has exaggerating on her damages. Landlord is not required to comply with your request in getting these extra quotes, but you are free to get them yourself to use as a bargaining chip in attempting to settle.

Please Click Accept for my Time. Thanks.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Customer: replied 9 years ago.
Thanks for your reply.

I just found out that my guest that is guilty of this misconduct is apparently very low on money also! This is so frustruating...! Should I take this person to Small Claims Court? If not, I want this person to serve some jail time at least so he learns a lesson. Do I press/file the charges? The landlady?

THANK YOU!!!
Customer: replied 9 years ago.
I'm sorry last question and than I will definitely ACCEPT.

If there is nothing in the House Rules or Lease Agreement about guest misconduct am I clear? The previous landlord here was very layed-back and I am not even sure if I have a formal lease agreement. I do have a copy of the House Rules here and there is nothing about guest misconduct.

THANKS AGAIN!
Customer: replied 9 years ago.
How do I give positive feedback also?
Hi:

You and the landlady can both press charges for the offenses he committed. It appears that he might be criminally responsible for disorderly conduct.

In Hawaii small claims hears cases up to $3,500.00 or less. You will be able to sue him only after you had to pay the landlord as you will need to show your actual expenses (damages). If he is working, you can garnish his wages. If he owns a home or has personal property, you can attach a lien on his property. So once you get a judgment against him and he fails to pay, you can seek enforcement of the judgment as described above.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Just noticed your additional posts while I was posting my answer.

If there is no lease agreement and there are no house rules on misconduct, then the landlord can go after the both of you. The landlord can go after you because you agreed to be responsible and can go after the guest for causing the damages. The landlord can name both of you as responsible. Let the landlord know that they need to go personally after the guest as he confessed responsibility, hopefully that will motivate the landlord in only focusing on your guest.

Once you accept you can give positive feedback. Thanks. Hope this helps.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Customer: replied 9 years ago.
Yeah the guest was not particularly a good friend of mine. That I would like to make known.

THANK YOU!!!
Sorry to hear about your situation. At least you have their confession. All the best. Thank you for your accept.