I am a landlord of an expensive home. My tenants are contracted with me to occupy the home, I think planning on having a wedding there is different than occupying the home. They did not ask me if they could have it there, they just told they were doing this. I haved asked many questions and asked them to purchase a dramm policy which they did so I would not be sued if someone hurt themselves or in any other situation regarding alcohol. I have my house insured for many things; earthquake, terrosist, flood but I feel I have nothing to protect my home from damage from this wedding. They are bringing in caters and over 60 people. I have asked them to deposit an additional $1600 for protection if anything happens, toliets clogged, anything broken, etc. which would be used for accidentals and if nothing happened I would refund it quickly to them. Do you think I am being fair and legal in asking for this? If they would of rented a hall they would of paid that much in rent alone along with a deposit.
Optional Information: Country relating to Question: United States Already Tried: Wrote an email to tenant after receiving the dramm policy.
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Good afternoon. Are they renting the house for this one-time event or have they rented the house to live in and are simply having a wedding there? Thanks.
They started a one year lease in April 2012 to occupy the house. They told me they were going to wed there sometime in May. That is when I talked to my insurance man and he suggested the dramm policy and after seeing it yesterday I called their ins. co. and they said the tenants are covered if I bring a law suit against them, which they reminded me is very expensive. This is why I believe they need to deposit funds to cover accidentals. I hope this helps.
Thanks. If the tenants are willing to post the additional deposit, then it's certainly fine for you to accept it. But, they do have the right to have this wedding at the home because once leased they are entitled to hold a party there as if they owned it. If, as the result of this party, there is extraordinary wear and tear and/or any damages, then they are liable to you for those damages. It's not extraordinary expensive to sue for these type damages. This is not an atypical situation and the insurance coverage should give you added comfort because they will be motivated to pay any claim because if they do not reasonably settle, then they are subject to punitive damages of up to 3 times the actual damages under the state insurance code. What I would suggest you do is this.....you do have a right to inspect the premises; as a result I would give them notice of an inspection both before and after the event and I would take pictures of the before and after so you will have documentation to buttress any claim for damages should you need to file it.
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Does this apply in the state of IL. Can I take to small claims court if need be?
Yes...this is applicable for Illinois. Yes, as long as you are within the limits of small claims.
Experience: Lawyer; developer/owner of RE developments.