Tenant Threatens to Sue

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I had to file a ins. claim due to a broken supply line at the rental house. the renter works for a company that handles “clean up” and construction. my ins company had came out about 2 weeks after the claim was filed due to the holidays. Gave me 2,100 for repairs. The company that the renter works for gave a 6,000 est. which is a huge difference!

So obviously I seeked another company to do the work. When I had the new contractor there he was giving him attitude and demanding stuff. Which what ever needs to be done will be done!! SO now that the renters company is not doing the work and they are mad about that. They did not agree to 2 different options I gave them so I could get in there and get the work done because they would have to leave for 2 days. I offered money off of rent. or pay 2 nights at a hotel. neither was good enough for them. I had already credited them 150.00 for last month and I was going to give them another 120.00 .They started to threaten to sue me. I started a eviction process due to lease violations that I discovered while I was there with the ins company.

1. they have a cat,
2. made alterations to the property
3.) wont cooperate to let me get the construction done.

The mom of the tenant called to try to work something out and I drafted a paper with concerns of both parties that we talked about but when they read the draft they didn’t like what it said. so eviction notice is in effect “notice to quit”.

What are my obligations to them as far as the deposit 400.00 and last months rent 800.00 and if I can sue for the time it is not being rented out? They are threatening to sue me so I wanted to see if I have “countersuit” thank you

Angela, Michigan

A: Your countersuit would be for “out of pocket” repairs and unpaid rent for the time they’re still there after they stop paying rent. Technically, you can also sue for time the unit is vacant- but I rarely see that awarded if its vacant because you evicted them.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

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