My tenant has vacated my factory and removed his plant and equipment except for a few items of equipment and toxic chemicals including chromium and cyanide, It has cost about $15000.00 to dispose of the abandoned chemical, I would like to know if i have a case against this ex tenant to pay costs incurred.
Although the tenant is probably responsible for the removal of their fitout (and rubbish incl waste products) you are ultimately responsible to mitigate your losses and get the premises back to a lettable condition. Use their bond, if any, to remediate/remove the waste. If there are additional charges, you could go down the path of getting an enforceable order against the tenant (if they have gone broke, little/no chance of getting paid).
It will depend a lot on what the terms of the lease were. Check the clauses (maybe speak to your lawyer as well)
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