A Bronx Landlord Attorney Can Discuss Your Legal Options if Your Tenant Destroys Property
If you are a landlord who suspects one of your tenants has damaged or destroyed a rental property, contacting a Bronx landlord attorney is a good first step. A landlord must follow specific legal procedures in order to remedy the issue.
Destruction of Property and Other Lease Violations
As a Bronx landlord attorney can explain, your lease is a contract between you and the tenant. The lease should spell out the terms and conditions of your rental agreement. In most cases, tenants are required to keep the rental property in the condition in which they received it. If you suspect or have information that the property has been damaged or destroyed, it’s important to act quickly. The first step is to serve what’s called a Notice to Cure on the tenant. This notice spells out which term of the lease has been violated, and gives the tenant a chance to fix the problem. Usually, the tenant is given ten days to cure or repair the damage. If the repairs don’t take place, you can then take the case to court.
What Happens if the Tenant Does Not Repair the Damage
As your Bronx landlord attorney will likely discuss, you must file a court petition if the tenant has not fixed the damage within ten days. The case will be set for hearing and the tenant will have a chance to respond in writing and come to the hearing. If the tenant still does not repair the damage to your (or the court’s) satisfaction, and a judgment is entered against the tenant, you can then formally evict.
Seeking Money Damages for Destroyed Property
The eviction is just one part of the process. You can retake possession of the rental unit in question after you get a judgment and notice of eviction served on the defendant. You must also seek a money judgement against the tenant reflecting the amount of damage to the property. Even after the tenant has vacated, this allows you to pursue collections against the tenant. Generally, with a money judgment, you may then garnish wages, levy bank accounts or use other legal collections tools.
Further Legal Assistance
Landlord/tenant matters can be complex. A skilled Bronx landlord eviction lawyer can help you understand how to follow the law and pursue your rights in court. To discuss your case, make an appointment with the offices of Rogers & Rogers, Esq. by calling (718) 994-1640.