QUESTION
Who is responsible to have the house fixed?
Asked on Oct 29th, 2013 on Landlord and Tenant Law - Washington
More details to this question:
In a joint tenant situation, one rents out property, claims it on his tax return but doesn't tell the other party. Tenant completely destroys property, takes all linens, dishes, pans, ruins pool table, carpets, walls, tile floors, counters. Am I legally responsible to fix the home up again?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What is your relationship? Was the property properly insured? Who received the rent? Too many questions to form an opinion except that you need to confer with an attorney before you take any position.
Answered on Nov 01st, 2013 at 8:15 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you are not the one who rented it out, you have the right to claim contribution from the other joint tenant. Also, you have the right to be paid half of the proceeds from the rental (unless it was used to pay the mortgage).
Answered on Nov 01st, 2013 at 7:56 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The tenant should be responsible. If he or she has no money, then suing him or her would be a waste of time and money. If you are an owner of the property (50% owner), then you should be entitled to 50% of the write off for taxes, and should have a corresponding duty to pay for 1/2 of the repairs (unless your agreement provides otherwise).
Answered on Nov 01st, 2013 at 7:36 AM