Q: As a home owner do I have to pay for broken damaged appliances caused by my tenant?
I am a home owner and when my tenant moved in, all appliances including ceiling fan was in excellent working safe condition. Last summer I had to replace the ceiling fan because he was being too rough with it that the wires got disconnected. Now the oven door frame is broke (looks like it was ranked off the screws). He is very rough in the way he handles things. I need to know if he breaks these items due to his negligence, do I have to pay for repairs/replacement?
A: If the tenant is responsible for paying for any damage caused to your property. Therefore, you can ask him to pay for repair or replacement of the item. If he refuses to pay, you may deduct from his security deposit or take him to small claims court. However, the court may only award you an amount equal to the value of the item. For example, the court might award you only the depreciated value of the stove.
Steven Warren Smollens agrees with this answer
A: Tenants are generally responsible for damage caused by misuse of the rented premises/ However, the items you mentioned as needing repair could merely be the result of regular wear and tear for which the tenant is not responsible.
Steven Warren Smollens agrees with this answer
A:
Dear Queens Home Owner:
Ordinarily, mere negligence (not gross) will not even help you in the recovery of monetary damages in a lawsuit in Small Claims Court. Your homeowner insurance may provide relief.
Generally, in an ordinary apartment residential rental, the landlord is always responsible for making repairs to appliances and maintaining the rented apartment in the same condition as when the tenant took over occupancy. Your service contracts may cover the expense of repairs. If not, you cannot draw down from the tenant's security deposit for repairs occasioned by the tenant's intentional destruction, before the tenant vacates the apartment. When you deal with a tenant moving out you must itemize the damages caused by the tenant, beyond ordinary wear and tear, in writing and do so within 14 days after the tenant moved out.
There is an exception to the general rule. A landlord renting an entire single-family house to a tenant may use the lease as a means to shift the burden of repairs upon the tenant.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
