Legal Question in Credit and Debt Law in New York
Stolen rental equipment and rental charges
Is there a law in New York that states if our customer's rental equipment was stolen off their job site that they are not responsible for all of the rental charges incurred if they are going to purchase the stolen equipment? We want the customer to pay for the unit plus pay the rental charges that have been incurred for the months they have been using it. We feel this is fair because we could of been renting the equipment to someone else at the time this customer was using it. The rental charges are well above the cost of the unit. The customer said they will not pay for both.
2 Answers from Attorneys
Re: Stolen rental equipment and rental charges
Sue themin small cliams sourt or in county court for the damages you sustained....as an aside, what does the rental agreement state?
Good Luck
RRG
Re: Stolen rental equipment and rental charges
Normally a court will NOT allow you to enjoy a windfall on any agreement. If the debtor lost your equipment, you are entitled to the outstanding rental charges AND the reasonable value of the lost equipment (not to exceed the purchase price of the equipment). This example might help...you rent a video tape or DVD from your local rental store. It costs you $2 to rent for a day...after that the store charges you $2 per day late charges...how much can the video store get if the rental is NEVER returned? Most courts will give the video store the $2 rental plus the actual costs of the video tape. The court considers the tape purchased by the "renter" after the late charges add up to the price of buying a new tape. You can't get 300 days of late charges for a $25 DVD...get it? IF you need to sue the debtor call my office at 718-788-7825. Thanks.
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