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Are You Responsible for Damage Caused by Halloween Mischief?

Stockbridge Rental Property with Toilet Paper in the TreesHalloween is that time of the year where it is filled with costumes, parties, and candy. Although Halloween also tends to bring out the mischief-makers, those who take advantage of the holiday to pull pranks and cause mayhem. If those pranks create messes or even damage your rental property, it can be difficult to know who is responsible for the clean-up and repairs. While it is the property owner’s responsibility to keep their Stockbridge rental in habitable condition, most leases require the tenant to keep the property tidy and in good shape. If holiday pranksters produce a mess in the front yard, the subject of who is liable for the clean-up may eventually depend on the lease and the amount of damage the prank has created.

While landlord/tenant laws vary from state to state, usually, a property owner is not responsible for picking up the aftermath of a Halloween prank. Common pranks tend to more of a nuisance than a legitimate problem. For instance, tossing toilet paper or smashing pumpkins on the driveway are both frustrating and messy nuisances, but doesn’t always cause permanent damage. While the mess is not your tenant’s fault, unless you are already taking care of yard maintenance for them, they will need to take the lead and clean up the mess themselves.

Nevertheless, if the prank results in property damage, particularly the types of damage that would turn the house uninhabitable, it is the responsibility of the property owner to make repairs. While soaping windows and egging a house can look as if it is harmless enough, these pranks can result in damage to the exterior surfaces of a house. If the vandalism has gone even farther to include broken windows, damaged trees or shrubs, or even spray paint, however, it is unreasonable to expect a tenant to bear the cost of the repairs. Most landlord insurance policies will cover vandalism that results in serious property damage, but you will need to choose whether filing a claim is worth it in these circumstances.

You ought to also consider your tenant’s safety when debating responsibility. If the mess from the prank is excessive or would force your tenants to get on a ladder (such as getting rid of toilet paper from the roof or a tall tree), it is a great idea to help them with this or hire someone to do it for you. There are an estimated 36,000 deaths and more than 164,000 injuries attributed to falls from ladders in the United States each year. By consenting tenants to accomplish cleaning or repairs that involve ladders, you are exposing yourself to a high degree of liability. Tenant safety must be a priority when making decisions about how to clear-out after Halloween havoc.

As a property owner, there are several things you can do to help deter Halloween pranksters. For example, installing motion-sensing lighting round the home’s exterior could alarm any would-be vandals. You can, as well, encourage your tenants to leave exterior lights on Halloween night. It’s also a great time to check your insurance coverage to make sure that you will be covered in the event that Halloween shenanigans do end up instigating property damage.

While these are not tough tasks, they do take time, and as they say, time is money. To help keep your property safe and vandals at bay, ponder on hiring a Stockbridge property manager to keep an eye on things for you. At Real Property Management Anchor, we can assess the aftermath of any Halloween mayhem and help you oversee your best next steps. We can also certify that your tenants will follow through on their responsibilities, should any messes need to be cleaned up. To learn more about our services, contact us online or call us at 770-506-1237.

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