Chapter XI: Problems Caused by Third Parties or Guests

Sometimes you will have landlords who will blame you for the acts of others. If those others are third parties to whom you have no connection (like thieves in the night), then your landlord will bear the burden of any damages caused by such persons. But if you know the persons who damaged the property and they were there as your guests, then things get a little stickier. In the case of Allstate v. Dorsey (1988), 46 Ohio App. 3d 66, a woman’s adult son was visiting her at her apartment and damaged the apartment by foolishly allowing some french fries he was cooking to catch fire.

The Ninth Appellate District Court stated as follows:

In order for Dorsey [the tenant] to be held liable under the statute for damages caused by the negligent acts of a third person, it must be shown that Dorsey was at least cognizant of the third person’s presence, and of his intentions or actions. See Ohio Cas. Ins. Co. v. Wills (1985), 29 Ohio App. 3d 219, 221-222, 29 OBR 264, 267, 504 N.E. 2d 1164, 1168. At trial, Allstate and the Riddifords appear to have proceeded upon the proposition that R.C. 5321.05(A)(6) imposes strict liability upon a tenant for the negligent acts of a guest. Thus, there were no allegations, nor
was there evidence presented, to indicate that Dorsey observed or was otherwise aware of the actions of her son. Consequently, the facts presented to the trial court do not support a finding that Dorsey failed to fulfill her obligations under R.C. 5321.05(A)(6). The granting of summary judgment on this basis was improper. Id. at 67-68.

So in order for a tenant to be held liable to the landlord under R.C. 5321.05(A) for damages caused by the negligent acts of a third person, the landlord must show that the tenant was at least cognizant of the third person’s presence, and of his intentions or actions. This also means that if a burglar breaks into your house and causes damage, you will not be responsible for repairing the damage.