QUESTION
How can I get an owner to pay for damages done by his tenant?
Asked on Mar 05th, 2013 on Residential Real Estate - New Jersey
More details to this question:
The owner rents to a tenant who tracked in something and made a mess on the common area rug. The owner refuses to pay for cleaning saying it should be part of a regular carpet cleaning maintenance schedule. We are a small association with no property management company. We are supposed to do the work ourselves to save money. Since he doesn't live there, he never does any of the work. How can I get him to assume responsiblity and pay for his tenant's damages? Would small claims court or a letter from an attorney be the way to go?
1 ANSWER
Landlord and Tenant Law Attorney serving Toms River, NJ
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Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C.
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The answer would depend on the amount of damage or mess made by the tenant. If you are talking a routine or typical amount then the regular cleaning schedule would suffice. However, if the mess was extraordinary, then the association would have a claim against the owner for damage caused by his/her tenant. I would look to the association by-laws and rules and regulations first, but a small claims matter may be appropriate by the association against the owner. I would suggest speaking with a lawyer to review the documents and advise of the association's rights. Good luck.
Answered on Mar 06th, 2013 at 3:14 PM