What to do if I have an event space which I rented out to a tenant for a party but the floor was damaged?

The tenant hired a photographer for the party, who set up a photo booth and in the process damaged the floor. The rental contract states that the tenant assumes all damages that occur by tenant’s guests. However, I would rather not sue the tenant, if at all possible, and instead sue the subcontractor/photographer. Is this possible or am I legally only allowed to sue the tenant, since the contract is with her?

Asked on January 23, 2013 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

With out reading the contract itself, and from what you have written here, I would assume that you have to sue the tenant since there is no "privity" in contract between you and the photographer.  The tenant will in turn sue the photographer and the liability should "pass through" down the line.  Good luck.  

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