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View Full Version : Will a renter of my vacation home homeowners liability policy pay for damage they do


olrazdad
12-23-2009, 05:40 PM
to my rental property? I own a vacation home rental property that I rent by week and weekends. If the renter damages my property will I be able to bring suit against them and their homeowners policy pay for the damages?I had a renter use my property and they or their guest put burn holes in my furniture and carpet. They also broke a bed and put a hole in the wall. They have a NJ HO3 policy, will that pay the damages? Is the damage considered intentional?I do know HO3 liability policies cover for property damage. If it wasn't done diliberately. Liability covers the homeowner and their resident relatives wherever they are; not just on the premises. This is what I am wondering, will their homewoners liability property damage coverage provide for the damage they done to my property. I know I would have to bring suit against them but the LIABILITY PD coverage part should cover the damage they done to my property. I think this correct but looking for correct language if anyone knows!

mbrcatz17
12-23-2009, 06:44 PM
Nope, unless you sue them in small claims court, and prove that a different renter didn't do the damage. Their homeowners policy is NOT going to cover it - you'll have to go after them personally. Tenant damage is part of the cost of doing rental business - you need to factor it into your rental charges. You'll have to determine if it was them, or their guest. If you sue THEM, all they have to say was, it wasn't us, it was a guest! or, The damage was already there when we got there! Then you have to prove differently. It's VERY difficult to do.

Yo' Mama
12-23-2009, 07:40 PM
You won't be able to go after their homeowner's insurance as it only covers the described premises. However, you need to look at your own rental agreement with the renter of your vacation home. Are they liable for any damage that occurs during their occupation of the home, regardless of whether they or a guest caused it? They should be. If it's not in your rental agreement and there's no damage deposit, you are likely out of luck. Your only option is see if your own property insurance will cover the damage. I suggest you have your attorney help you draw up a proper rental contract that will provide you with some recourse in the case of damage.