Legal Question in Real Estate Law in New Jersey

Unauthorized Renovation

My mother allowed her handy-man boyfriend to move into her home after knowing him for about 5 years. She owns the title to the house after a divorce settlement with my father. This boyfriend fancies himself a master ''fixer-upper'', and one time, when my mother went away on a business trip, he took it upon himself to paint every single wall in the house WHITE. This involved PAINTING OVER THE PANELING, which covered over 75% of the walls! She was furious, but the damage was done, and she couldn't afford to have it fixed.

Now they have broken up, and he is taking her to court for financial reasons she hasn't made known to me. Can she sue him for vandalizing her home, and for the cost of getting it restored? If so, what are her chances of winning, and how should she proceed?

Thanks in advance!!!


Asked on 9/11/03, 1:45 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Unauthorized Renovation

One can always sue, but results are speculative. In your mother's situation, part of the answer depends upon how much time has elapsed since the painting was done (the greater the time lapse, the less likely it is she will recover) and whether or not she may have filed a criminal complaint at the time. If she is being sued, she could respond and also counterclaim for the damage. She should have pictures of the house when she goes to court. She might also consider a claim for malicious mischief under her home-owners insurance. As I see it, she did not formalize her complaint against him when the painting wad done, and her inaction at that time may be considered an acceptance of his actions. A court may have some sympathy but more facts are needed to better reply, especially those relating to her boyfriend's claim against her.

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Answered on 9/11/03, 4:20 pm


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