Halloween is right around the corner and although we have challenges due to COVID-19, we should still expect to see a wonderful occasion with candy and outside gatherings with restrictions. Besides all of the pleasantries what we have seen in New York City throughout this pandemic there have been plenty of people out there that want to create mischief (“tricks”) and otherwise cause chaos. October 30th is deemed Mischief Night in some areas and in Queens called Cabbage Night and is a day that many go out to create more disturbances. Although one would hope that this troublemaking behavior will not create disrepair and thereafter damage to your property one should also be familiar on who is responsible for the cleanup and damage to your NYC property on Halloween.
Lighthearted pranks although seemingly innocuous may create a mess that needs to be cleaned up or worse off can potentially damage your rental property. We should be familiar on who is responsible for the potential cleanup and damage to the property. For the most part it is the landlord’s responsibility to keep the property in a livable condition so it does not violate the warranty of habitability. Most leases have the understanding that it is the tenant’s responsibility to keep the area in and around their apartment in a clean condition and not create a nuisance. For the most part if it is the tenant’s intentional act of causing the disrepair it would be their responsibility to clean it up. For instance, if your renter has a party on Halloween night and their guests throw garbage in and around your building then it would ultimately depend on what your lease says and the level of damage that occurs.
Should it be an abnormal amount of damage caused by your renter and/or his or her guests then it would be most likely the tenant’s responsibility to fix and repair the condition. The tenant’s security deposit may be on the line should they not fix the damages. Most times it becomes an issue of who caused the disrepair and that is where you should document the complaints coming in and hopefully your security camera system detects the activity. Having a qualified NYC property management company can assist you with recording and inputting complaints and making sure that you have the correct security system in place.
For the most part, light-hearted shenanigans of Halloween cause very little damage but sometimes there is property damage. However, if there is significant damage that may cause the entire property or just your tenant’s apartment not habitable then it would be the landlord or your property manager’s responsibility to remediate the damage. If that is the case, then the owner should consult their homeowners’ insurance to determine whether the damage is covered. Sometimes the deductible may pose making a claiming unwarranted and therefore that may be considered as well. The majority of homeowner’s insurance covers vandalism. An important tidbit in what we have seen during the protesting resulting in riots is insurance companies may not cover what they deem insurrections or civil unrest in some instances. Although it is rare one should take this into consideration. This becomes more of an issue if you have a mixed use building having a storefront. One way of preventing what may be deemed civil unrest is having guests stay indoors and not have them in front of your premises during any gathering. It is important to communicate with your tenants what current situations are so they can prevent damage to your property and persons.
Although this may seem like some easy steps to undertake it may be easier to hire an experienced NYC property management company to assist you. If you need assistance with projecting what may be improvements in your property in order to keep your cash flow rolling then BJD Property Management may be for you. BJD Property Management is a full service NYC property management company servicing the boroughs of Queens, Brooklyn, Manhattan and the Bronx. Whether it be a 1 bedroom condo or multi-family building we are able to assist our clients maximize their investments. You can contact us at 917-636-6440 for a free consultation