Wayland, NY asked in Landlord - Tenant and Small Claims for New York

Q: If someone that was occupying my house, made the property non livable, can they be sued for the value of the property?

The waste drain pipe broke, causing sewage to drain into the basement, they fixed the pipe, but didn’t clean up the sewage or sanitized that area of the property. Also they have not paid their water and sewer bill, now I am being billed for this also.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Your post doesn't mention the nature of the arrangement. If you reposted and added the categories "Landlord-Tenant" & "Real Estate," there would be better chances of attorneys with insight into such situations picking up your question. Good luck

Steven Warren Smollens agrees with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Wayland Home Owner:

Obviously, the 'someone' is not a tenant, but it is difficult to grasp how the 'someone' is responsible for your water and sewer bill if you do not have a contract with 'someone.' Before you sue for the total loss of your home, you must report the damage to your insurance company. An appraiser would determine the monetary expense of repair. Servpro has experts to do that as well and in most parts of New York could have been at your house in a short time cleaning up the mess.

Lawsuits take a lot of time and money for an attorney. A lawsuit is not an immediate, quick, or even a certain remedy.

Tim Akpinar agrees with this answer

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