Significant Intentional Damage on Property - Former Tenant
This is a discussion on Significant Intentional Damage on Property - Former Tenant within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Hi Everyone; First time in the forum; i came across this forum through a google search. My parents-in-law have couple ...
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#1 |
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Hi Everyone;
First time in the forum; i came across this forum through a google search. My parents-in-law have couple rental properties in Long Island NY and have been having issues with 2 of their tenants. They haven't been paying rent for months now so they have been notified to either pay or leave the property. After humiliating my parents-in-law numerous times they finally left a week ago without any notice leaving behind a unit resembling a pigsty behind. Even though it was disgusting still could be taken care of couple days of deep cleaning. So my father-in-law went back to unit with cleaning supplies, paint etc... to work on tidying up and fixing the place couple days ago. But today i had a phone call and learned that these spineless scums went back into the place (unfortunately, the door lock was not changed) and basically destroyed the whole apartment, breaking windows, appliances, they dumped the paint and whole bunch of tools through the drain, punched the walls as far as i could understand the whole place is thrashed. So far my inlaws taking some pictures and also called in a Detective to investigate the situation. So this brings us to my question. What is the best legal action we can take against these criminals that basically demolished the property. This is in NY so most Ny property knows that tenants have obscene rights and almost no protection against property owners. I would really appreciate any ideas from attorneys and home owners with similar experiences to pursue this punks to the fullest extent of the law. Best Regards |
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#2 |
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If you can prove criminal trespass, sue them for that. Also, do not give back their security deposit. They forfeited that many times over.
Sue them in small claims court for the rent they did not pay while they were living there. Change the locks on the doors, pronto. Put up video surveillance if need be. |
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#3 |
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Thanks alot for the reply. I talked to a lawyer also but seems like it will take a lot of effort to get back something if anything. Apparently for these criminals this is not even a big deal. I found out they also stole the tools that my father-in-law dropped off to fix the place... They say since there is plumbing damage cost may add up to 15000 i don't know if small claims court has a cap for the amount of damage also seems like they wont be able to get anything back from these dead beats.
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#4 |
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NY small claims court limit is $5000. If over this amount, you may want to sue in civil court. Make sure the detective notes in his report that no signs of breaking and entering were noted and that the unit was entered with a key (making the tenants the ones responsible). Have him check with neighbors to see if there is a witness to them coming back to the unit after vacating (possibly tying them to the scene of the crime). Is there a video in the lobby of the building by any chance?
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