QLD Accusations of Apartment block lift damage

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Mobeen4596

Active Member
8 April 2020
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0
31
Hi there,

Just wondering if anyone can help me and shred some light in regards to the rights I have on this matter.

Summary:
our landlord has come up to me and my wife and accuse my kids of damaging the lift door with a dent, resulting in the lift to be jammed.
I have stated to him that our kids will not do that but he has a video footage of them entering into the apartment block at certain time frame before the lift jammed And just to confirm this is no video footage of inside the lift just a certain time frame from entering into the apartment block and the lifts jamming.

He stated that the door was jammed and it blew a three-phase fuse and the lift company had to come out and it cost $16,000 to fix.

He stated that he will go to the police on this matter I have advise them to send me or evidence that he has so we can review it and go through with our kids a 13-year-old girl and a 16-year-old son who are straight a student and not into violence at all.

I have asked the kids and they don’t know nothing about it.

and the landlord ended up asking us what are we gonna do about it.

any help on this matter would be appreciated.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Do nothing and say nothing till they provide direct evidence.

Your kids are unlikely to be the little angels you say there are but the other party still needs evidence your kids caused the damage. Simply being in the vicinity at the time is not sufficient.

Keep in mind someone leaving may have damaged the doors before your kids entered the building.
 

Mobeen4596

Active Member
8 April 2020
5
0
31
Thank you for your reply

Yes I do definitely understand no kids are angels and to be honest as all parents would say no it can’t be my kids, But I have sat them down and I’ve asked them and I’ve asked them to tell me the truth and we will still protect them but they swear they didn’t but we still never know as parents right? As a parent all I can do is take the word of my kids that they didn’t do it and giving them the benefit of the doubt and that’s just me being absolute honest.

May I ask how would the police be involved in this?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
lawtap.com
Rod’s perspective is correct - do nothing, say nothing. That is unless your kids actually did do it and were lying to avoid the shame/repercussions. Anyone who deals with kids knows that is a distinct possibility.

Unless there is direct evidence, it’s circumstantial at best. For example, is there no possibility that there was anyone else who used the lift - including internally? Could it have been a mechanical issue with the lift or some other item of equipment that caused the issue? It sounds like the landlord has just jumped to the (albeit rather obvious) conclusion it was your kids.

Let him call the cops. Innocent until proven guilty, as they say.
 

Tim W

Lawyer
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28 April 2014
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Sydney