Counterclaims

[newyorkll]

I was renting a condo to some people. I gave them six months notice that they had to move out. The woman notified me on the last day of the lease that they would not be moving on time. They would be staying ten more days. I informed her the rent would be increased substantially if they stayed. Meanwhile, I already had other tenants set to move in right away. They stayed the extra time and did not pay any rent at all for the month. The new tenants were stuck with no place to live etc. I filed in small claims court and the old tenants filed a counterclaim. All it says is $2558.30 for repairs and/or maintenance to the property. Is their claim justified? I was never notified that any repairs or maintenance were required on the premises.

 

[JETX]

From your post, it sounds like there cross-complaint is mainly an attempt to offset your claim (how much was your claim for?).

There are some cases where tenant repairs are chargable to the landlord, but they are typically for items that directly affect the health and safety of the tenant.

Also, your lease should specify the how, why and when of expenses and repair to the unit.

My questions/comments:
1) Read your lease. It should contain clauses on who is responsible for repairs and when/if the tenant can or cannot recover from you.

2) You can probably not recover a 'substantial' rent increase for their refusal to move as you requested unless it was provided for in your lease.

3) You can probably recover their unpaid rent and possibly fees and penalties (if stipulated in your lease).

4) How old are their repair bills. IF they are recoverable, only the ones within the statute of limitations would be recoverable.

In answer to your question, "Is their claim justified?", my answer is probably not. But without seeing the lease, the bills themselves (for dates and purposes), and a LOT of other details, this is just a guess on my part!