Is a tenant responsible for damages by their guests?

[REisME]

I'm sure the answer is yes, but where is that actually stated by law? (AB)

 

[kfort]

In the Act is my guess.

 

[REisME]

In the Act is my guess.

But it's not. That's what I would have thought too.

 

[kfort]

Not being from AB with 3 minutes of scanning the Act I would think 21 (e) is where you want to look

 

[REisME]

Not being from AB with 3 minutes of scanning the Act I would think 21 (e) is where you want to look

(e) that the tenant will not do or permit significant damage to
the premises, the common areas or the property of which
they form a part;

I saw that but "or permit" sounds very weak in relation to responsibility. In my case, tenant is going to argue that she gave her car keys to a guest and said guest then used the attached house keys to let himself in. In the course of being inside he caused significant damage. I can see how a lawyer would argue that the tenant did not "permit" the guest to use the suite, only her car. I will argue that he had indeed been allowed in many times before, most often by leaving the door unlocked, and that she is responsible for his damages as it would have been normal for him to feel that he could be there.

 

[kfort]

Rarely is anything a slam dunk in court. Damage resulted directly from the tenants decision to transfer keys (including house key) to person X. They were not forced. A conscious choice was made. Allegedly many times over the course of their tenancy.

I would say you've got a strong argument for accountability.

 

[REisME]

I think so too, but would be nice to have a solid statement that says "Tenant is responsible for the damages of their guests"

 

[Thomas Beyer]

Tenants are responsible.

 

[ChrisDavies]

Tenants are responsible.

+1

 

[Cory Sperle]

Tenant. Evict them, repair the damages and record your costs, then deliver a notice of claim and sue them. The bottom line, there is damage to the suite they are occupying, regardless of whom did it.

 

[Eric Peters]

The tenant is definitely responsible. A good lease would spell that out clearly in addition to the tempered wording of the act

 

[Allison9856]

We always add to our lease that the tenant is responsible for the actions of guests or invitees. Which I'm sure you'll add in now. Hindsight is 20/20.

 

[adriano]

I always state in my leases that the tenant is responsible for their guests. As well as any damaged caused by them.