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Do I have legal recourse against moving company for damage to my kitchen countertop when tenant had contract w/ them

Real Estate 4 views 2 answers
they are offering her a small amount toward replacement (replacement cost is less than $500) and are dragging it out since Feb 2012 in hopes she will fold. Event was witnessed by tenant's mother and noted on invoice during the move. I see where they have done this before and just worn the person down and I wanted to try and help her get this resolved. I am unsure if I have legal rights other than to repair damage and hold my tenant responsible to pay from her deposit. I am stuck in the middle and need legal insight. I am out of state but property is in Florida, Thank you

Attorney Answers

2
Alberto Batista ·
Your concern for your tenant is touching. However, you legal rights as the landlord are that you want the counter-top to be in the same condition as when you rented the premises to your tenant. So it is up to your tenant to resolve this problem. Since she is local and you are not, it also makes sense for her to take the necessary steps. Whether that means filing suit in Small Claims Court, or working harder to get the settlement check, is up to her. From your point of view, as the Landlord, it might be in your best interests to send her a written notice that you are going to have the counter top fixed and the costs deducted from her Security Deposit, if that is what your lease allows. Either way, your main concern is to the repair and maintenance of your investment property, and to maintain its value as a rental property.
0 upvotes
Barry Stein ·
You may have a third party right under the moving contract, but you would need a copy of that contract in order to pursue that right. You could also take an assignment from the tenant of her right to sue. If you are out of state, why would you want to do that? Small claims case will cost $200 in costs and require you to be present for hearing. You are going to spend more time and money collecting from them, what the tenant is already responsible for. She can sue if she believes sheis not being treated fairly.
0 upvotes

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