QUESTION
How do we go about assessing cost of damage if we didn't have security deposit at time of initial lease signing and subsequent renewal?
Asked on Feb 22nd, 2014 on Landlord and Tenant Law - New York
More details to this question:
We have a tenant who's been in our condo with 2 others for 1 full year lease and (to date) 1/2 year month to month lease. One tenant has private bath, and other 2 share the bath in question. We didn't require Security Dep. from tenants at time of initial lease signing and subsequent renewal. However, discovered month to month tenant lost balance in shower and landed against back wall of 20 yr old fiberglass shower panel creating a 16" crack down and totally thru the wall (previously in good condition). Don't know how to go about assessing cost of damage to him and in what amount. If we just patch for now, cost minimal to us and him, however, entire tub and surround would have to be replaced causing loss of income to us before we could sell Condo in future. Please advice on how to determine how much damage can be assessed to tenant for replacement/damage, etc. Thank you.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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The first place to go is to your insurance carrier for your renter's insurance. Hopefully your would then charge the party who damaged it the deductable. If that does not give you sufficient satisfaction then see an attorney.
Answered on Feb 26th, 2014 at 3:40 AM
Why do you not get an estimate for the repair and replacement of the tub wall, etc., from a specialist in that product installation? The tenant may say that it is foreseeable that someone would slip in the shower and cause the damage and he was not negligent so should not have to pay anything. You should always demand a security deposit [not just last months rent ]! If the tenant can not afford it then you probably do not want them as a tenant as they are likely to skip out without paying last months rent. Every time the lease renews you can change the terms of whether or not there is a security deposit.
Answered on Feb 26th, 2014 at 3:40 AM
Call in a licensed contractor to give you a bid to repair and replace.
Answered on Feb 25th, 2014 at 8:25 PM
Landlord Services Attorney serving Peekskill, NY
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Malia Law, LLC
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Get an estimate as to how much it will cost to repair or replace the damaged shower to determine how to assess the damage. Generally, in NYS, you are not entitled to any additional money for the rent lost while repairing the apartment after tenant have vacated.
Answered on Feb 25th, 2014 at 5:51 PM