A tenant's guest broke a window. Who's liable for the damage?

Legal Q&A: A tenant’s guest broke a window. Who’s liable for the damage?

March 6, 2014

Question: A tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do?

Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only includes the actual rented unit, but the common area as well. Therefore the tenant and the tenant’s guest are jointly liable for the damage to the window.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I have a tenant who is on a long-term lease. Recently, however, the tenant brought in a roommate and has been out of town for more than 30 days. I am concerned that the roommate intends on staying and that my original tenant may have moved out for good. What are my legal options?

Answer: If you have a clause in your lease which prohibits the assignment or sublet of your lease agreement, you do not have to consent to the roommate. You could ask the roommate to fill out an application to rent and thereby identify who the roommate is. Once identified, you could choose to either allow the roommate to live there if he meets your qualifications and sign the lease or start eviction procedures based upon the breach of the assignment and sublet clause of your lease.

Question: My great-grandfather died last year and left me his home. I am trying to rent the house and my Realtor told me that I am required to inform prospective tenants of the death of my great-grandfather because he died in the home. Is this really true? If so, what is the purpose of this crazy law?

Answer: Because it has been deemed to be a material fact to consider when purchasing or renting a home, California requires sellers and landlords to inform prospective purchasers and tenants if a death occurred in the premises during the last three years and the nature of the death, unless the death was caused by an HIV related illness.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website,

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