Q: Five years ago I rented my house to a couple. I stopped by to see them the week they were moving in and was shocked to see the man ripping my kitchen out. He said his wife wanted something newer. He mutilated my kitchen.
As shocked as I was, I had to weigh my decision to evict or let it be and collect rent as long as I could since a new kitchen was going to set me back financially. The decision I made was debatable. He did not respect the lease and broke it many times for other reasons.
Being a senior, I did not want to deal with the tenant any longer, so I gave the property management to my adult son, which only resulted in a hostile relationship between them. The tenant was told many times he is a renter not the owner. I feel he mutilated my kitchen to guarantee his tenancy, knowing I could not rent the house again without remodeling the kitchen. My lease does state no alterations to the property. He has also charged me for work that he never did. The rent is paid late but paid monthly and is up to date. My question is if he ever moves out can I sue him for property damage.
A: It may be too late to sue the tenant for something that was done five years ago. Every state has a statute of limitations, typically two or three years. If that period has elapsed, you are barred from filing suit on that old issue.
There are, of course, some exceptions to this. For example, most leases contain language that state if you waive — ignore certain things — that does not preclude you from filing a lawsuit in the future. Another exception: You could take the position that this is a continuing violation, and every day that the kitchen remains in its current shape, that is a separate — a new — violation of the lease.
And I assume you have a security deposit. When the tenant finally moves out, you may be able to use the damage to the kitchen as an offset against that deposit. But different states have different laws as to how to handle the security deposit so make sure you follow your state law (if any) word for word.
Q: My mother recently passed away without a will and her assets are being handled through probate, of which I am the administrator. Her boyfriend of 25 years was living with her in her house at the time of her death. He would like to continue to stay in the house until we find out what will happen with the house once probate is complete.
I am not sure what is the proper procedure under these circumstances. Should I keep the utilities in my mother’s name or ask him to switch them into his name? Is he responsible for paying the utilities and the mortgage payment? I paid the mortgage through May 1. He recently sent me the bills for the utilities at her house. I am not sure what needs to be done. Does he need to sign a lease to stay in the house?
More Top Picks Best Water Humidifiers
A: Do you have an attorney to assist you with the probate? If not, you really should get a lawyer. And if you already have an attorney, she or he should be answering your questions.
Has the boyfriend asserted any claim against the property? That would be a concern I would have, and perhaps you would be best having him sign a lease. He is living in the property and should pay some rent, which would include paying utility bills. He may have had a good ride for the past many years, but now he should start paying his fair share.
I would not switch utilities into his name at the present time because you don’t want to give him a false sense of security that he may have an interest in the property.
Your attorney should have a discussion with the boyfriend as soon as possible to try to determine his plans.
Benny L. Kass is a practicing attorney in Washington and Maryland. No legal relationship is created by this column; [email protected].