Legal Question

[Busty]

retired, male tenant assigned by Landlord to do the mowing, been mowing
for over 10 years....
They discount his rent for mowing.
A very small apartment complex....
While mowing he caused shattered window in vehicle
due to rocks slinging through the area.
Who is responsible for damages???? Tenant admitted to police he caused damages.
Police report was conducted.

[tatted up mescan]

A claim can be filed against the landlord/owner’s liability policy, making the landlord/owner responsible for such an occurrence ain’t a big deal. The tenant hired by the landlord is representing the landlord as an employee. If the tenant had his own landscape company then his liability coverage could be filed against. The front (leasing) office should have a copy of coverage on file. They could also settle it between the two parties by having vehicle owner make a claim to their insurance policy and landlord reimburse deductible.

[Busty]

Another question pertaining to the incident, can Landlord intimidate victim into believing they must claim it on car/rental insurance?
Yes, I understand apartment rental insurance is for belongings and a vehicle could be considered an extension of your home...
But the victim doesn't want to make any claims causing insurance to increase.
Some people are literally clueless on their rights.
almost forgot, come to find out ...this is not the first time.
He shattered a glass door on a fancy tractor that was parked at the back of property. See example photo

[Unique_Carpenter]

Landlord would not want vehicle owners ins co to get involved as ins co will come after landlord.
As incident is probably below everyone's ins deductible, landlord should just pay out before other expenses get added to the glass replacement.

[Michael8219]

What UC said. Guessing the arrangement between Landlord and Tenant who cuts the grass is not documented, or if so only on that Tenants lease or verbal.

I’m facing something slightly similar in that the party(s) at fault are pointing at each other so I will need to go to small claims court (more than a windshield lol).

Send a certified demand letter with signed proof of receipt stating how much you are seeking with copies of receipts and give 30 days for them to make payment or you will file suit.

If they don’t pay, file in the precinct Justice of the Peace court which has jurisdiction over the apartment complex. Filing is just a couple page document and $200 or so. File against the guy who did it unless you have something in writing regarding the Landlord Tenant grass cutting arrangement. The filing should prompt action on their part if the demand letter did not. No lawyer will take the case due to the small $ involved unless a friend or for experience.

[tatted up mescan]

Landlord can solve future issues by providing a mulching lawnmower with the closed guard instead of one that spits out the clippings, debris etc.

[Busty]

Update, Good News

Victim got a text message from management...apologizing for situation and will pay for repairs after receipts are presented for everything.
Victim is going to deduct it from the rent on the first of September.
Which sounds like a brilliant idea instead of waiting on them to fork over any money.

[Unique_Carpenter]

As long as fair, always settle fast, and there's numourous reasons.

[Anonymous01]

Originally Posted by Busty

Update, Good News
Victim is going to deduct it from the rent on the first of September.
Which sounds like a brilliant idea instead of waiting on them to fork over any money.

I wouldn't do that... landlord can start eviction proceedings for non payment of rent (legal contract). Get the window fixed, get a receipt for materials and labor (all out of pocket expenses), make a copy, and sent it certified mail to the landlord. Once it's delivered, screenshot / print out proof of delivery.

[jayjaychrome]

Yeah this is a landlord friendly state. Not paying rent is rarely a good solution

[Busty]

^^Both are correct

[tatted up mescan]

Greetings Busty, have you heard or been to Busty’s in Austin?

bustysbarandjukebox.com
Located on Cameron Rd right off of 290.
512-920-2069

[Busty]

^I'm staying on topic

[tatted up mescan]

Lol, topic is over, problem apparently solved.