What is my responsibility to pay for a tenant’ moving costs?

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What is my responsibility to pay for a tenant’ moving costs?

I own a 2-family house which is part of a condo community. After a hurricane, my upstairs tenant wanted me to rip out the sheetrock and insulation from the downstairs apartment, citing mold and mildew would travel. I did what I felt to be the necessary repairs (floor) but refused to do sheetrock and told her to move, since I felt her apartment wasn’t affected. She told me she was moving. (Shes on a month to month lease). Later I did rip out the sheetrock, due to demands from the condo association. Now she wants to sue me for her moving costs. Does she have a case?

Asked on December 8, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you should not be liable for her moving costs: from what your write, this situation can be viewed as the tenancy being terminated by mutual consent (you offered to let her move; she agreed to move), in which case you would not be liable for her moving costs unless they had been part of the agreement (e.g. she had counteroffered that she would move only if you paid moving expenses, and you agreed to do so).


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