Tenant caused damages vs wear and tear

[nishtiak]

Renting condo in California

I have tenant, single mother with 3 kids, who leave in my property 8+ years. Tenant wants me to replace a balcony slidding door because the glass got cracked while she was trying to close it.

The history with sliding door is following. A few years ago I had to replace the screen door because the net on the original started to crack creating large holes. A few month ago my tenant reported to me that door is getting hard to slide open and close. When I came to repair it, I found small beads got inside the sliding door rails. Although I managed to pool them out the rail was slightely damaged and door was not sliding as good one.

Please let me know if I as an owner and landlord is responsible for damaged sliding door?

What should I do to prevent any liabilities if anyone gets injury due to non-repaired glass?


Thanks in advance,

Ps. Tenant's family tent to missuse the any property: I had to replace dishwasher, washer and dryer, repair toilet, closet doors; There were multiple complaints for damages in common area caused by tenant's kids.

 

[jharris352]

The beads in the track of the door are going to be looked at as normal wear and tear. You have to replace the door or suffer the consequences of liability if someone is hurt. I don't think the children have been too much of a problem to you since you have kept the tenant for 8+ years. If you don't want them around, don't renew their lease.

 

[nishtiak]

After the repair the tenant never complaint about the sliding door therefore I assumed the door was functioning properly. Moreover, I don't know if the glass on sliding door gets broken by itself. I suspect her kids caused the damage purposely or due to some accident therefore this is as property abuse case; right?
Last question remains if I am as a landlord is still liable for injuries due to broken glass although the damages were made by the tenant?

 

[jharris352]

What you "suspect" is not actionable. If you could show they broke it (nearly impossible) you might get them to pay to fix it. Otherwise YOU are the landlord and that is your job.

Same answer for the last question: YOU are the landlord so no, they aren't liable for damages if something happens with the broken window.

Even if one of the children ran headlong into the glass and shattered it, cutting their little body severely, YOU would be liable because the glass door is there and not covered for the safety of little children. I'll grant you that you might win some relief for that claim, but trying to get out of liability because "the little brats" (as you seem to think of them) broke it isn't going to win you any points with a Judge or Jury.

They are children, they are going to play, and things are going to get damaged.

 

[nishtiak]

I suspect you mix two things: 1st who has to do the repair and 2nd who is responsible for damages. I understand landlord is responsible for keeping place safe for living. But tenant must be responsible for paying for repairs of damages (other than wear and tear).

The glass doesn't change its shape or structure unless you apply a force (knock it with a hard object) therefore broken glass CANNOT be classified as a wear and tear.

 

[jharris352]

Well since you know the answer you don't need our help, do you.