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Is damage to my garden/plants considered property damage?
I am a landlord in NYC, the tenant that i rent to consistently throws unknown liquids on the front steps and into my gardens, my hydragneas and my rose bushes are all brown now and dead. i have had them for over 6 years and am highly upset, she is caught on camera throwing these liquids on numerous occasions. also yesterday she jumped the fence into the yard, she has no permission to do so, and jumped in the garden and damaged my tomato plants also, is this considered property damage/ destruction? it is unfair that she can just do this on an everyday basis and damage my plants that i take much time to care for, what can be done? what should i do?
my suspicions are its ammonia
2 Answers
- Nuff SedLv 79 years agoFavorite Answer
Yes, when another person (regardless of who) damages your property through intentional or negligent actions, they are liable for payment of the cost to make repairs or replacement, known as "damages". Notify the tenant that you do not appreciate her treatment of your property in that manner, provide her with an estimate of the lost value or the cost to make repairs, and ask her to pay you that amount immediately.
If she refuses, give her notice of intent to evict (e.g., 30 days or whatever). As part of the court papers when you file (31 days later) to have her thrown out, be sure to mention your demand for payment of damage to your personal property and the amount, which can be added to all the rest of the damage she may leave inside the rented apartment, not to mention unpaid rent, court costs, attorney fees and costs of collection of what she owes.
