Landlord Question and Answer Forum

Forum / General Property Management / Smoke damage to apartment caused by tenant and she takes no responsibility
Have a tenant who burned a pizza in the oven and caused minimal smoke damage to the apartment. Nothing serious but she is insisting she is not at fault and the stove was faulty. I explained that painting the kitchen would need to be done but she would have to pay for it. As per our lease (we are in NY and LIHTC property) it states that "any repairs to the apartment or building resulting from the misuse or negligence of Tenant, employees, visitors, guests, or members of Tenant's family, may be made by Landlord at the expense of Tenant" Would be considered Additional Rent owed. Am trying to work with her but she is taking no responsibility and will not pay for anything. How do I handle this? Should I just paint it and leave on books until she moves out and take as security since she says she is not paying? No clue... help please and thank you
Donna O, NY on Wednesday, August 28, 2013
RE: Smoke damage to apartment caused by tenant and she takes no responsibility
First have you sent her an written notice to to "repair damamges" this way it is official and on paper. Second, can you provide proof of damages and what caused it? This may be critical if in chance it goes to court. If the tenant still does not help or pay for the repair, use this evidence and provide an itemized list of repairs at the termination of the lease along with possible photos to help your case in deducting the cost from the security deposit.
Posted by Richard W, PA on Wednesday, August 28, 2013
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