QUESTION

Our renter let her incontinent dog urinate in three carpeted rooms in the house down to the wood floors. Is this vandalism?

Asked on Feb 13th, 2013 on Landlord and Tenant Law - New York
More details to this question:
Our renter stopped paying rent November 2012 and promised to pay until she knew we were going to evict her in January. During this time, she didn't take care of her incontinent dog and let it urinate through to the wood floor. We are delayed in renting again because of the smell. We have just recently found out she has been evicted many times before.
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6 ANSWERS

You can sue her for damages.
Answered on Apr 01st, 2013 at 2:57 AM

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If the security deposit is not enough to repair the damage you can take her to small claims.
Answered on Feb 19th, 2013 at 1:23 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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This is most likely not vandalism as you have to prove that she intended to damage property. You can however sue her for the damages you sustained.
Answered on Feb 19th, 2013 at 1:22 PM

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Unfortunately, while this probably seems to be vandalism, it will not likely be actionable. Instead, it is more likely to be treated as an act of waste and damage to the property. If the tenant had a deposit, I would think this is more than ordinary wear and tear which would be covered by the deposit. I suspect that the deposit will not be enough to replace the carpet and treat the urine spots. You will need to sue the tenant for damages and breach of the rental agreement if you want to recover the damages. You should consult with an attorney to see if this is something that would be worth pursuing.
Answered on Feb 19th, 2013 at 1:22 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is not vandalism unless it was intentional, get an attorney if she is collectable for the rent and damages due.
Answered on Feb 19th, 2013 at 1:22 PM

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Kevin J. Connolly
No, but it should be covered by your insurance.
Answered on Feb 19th, 2013 at 1:21 PM

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