QUESTION
What do I need to do to protect myself against unknown damage from renter as far as roof leaks from unauthorized dish removal and new install??
Asked on Feb 18th, 2013 on Landlord and Tenant Law - Utah
More details to this question:
1. A dish on the roof was removed and another dish was installed, while renter had occupancy. Both without my knowledge or permission. 2. Original wires that were once securely fastened and hidden from view are now sticking out from under the roof siding. 3. New dish was NOT grounded; grounding wire sticks straight up. 4. Very concerned about damage that hasn't been discovered yet; future leaky roof repairs. 5. The "NO PETS" rule was broken sometime after he gave (advanced) notice that he would be moving out and I was left with 75 days worth of BIG dog FECES all over the back patio and grass. 6. He cut down 2 different fruit trees and left the stumps; after I specifically added extra notations to our agreement that they had the freedom to make additions to the gardens but absolutely NOTHING was to be removed from anywhere. So, how much am I legally allowed to bill him for "poop" clean-up, unauthorized holes for dish, ugly wire displays and 10 year old fruit trees?
1 ANSWER
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The answer depends somewhat on the terms of your lease agreement. If there are specific terms in the contract addressing the method of calculating costs, and his obligations to repair any damage, then those terms may impact just what and how much you are entitled to recover.
In general, however, you would be entitled to recover the reasonable costs incurred in returning the premises to the condition that it was in when he took possession. It appears that this would include (1) labor and materials to repair the shoddy dish installation (and possibly for removal and re-installation of the previous dish), (2) labor to clean up the dog poop, (3) labor and materials to repair any damage to the flooring, lawn and/or patio caused by the dog, and (4) either the cost to replace the trees or the value of the mature trees (see a landscaping contractor for both).
If the damages are high enough, and the ex-renter refuses to pay, you may want to consult an attorney about your options, which may include bringing him into court for breach of contract and property damage. Good luck.
Answered on Feb 19th, 2013 at 11:36 AM