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What happens when tenants damage a rental home?

On Behalf of | Oct 25, 2024 | Landlord/Tenant |

Any dwelling unit is likely to develop wear and tear due to the regular use of its occupants. Typically, landlords have to accept the age and use-related degradation of their facilities. Eventually, they may have to replace a refrigerator when it stops working due to age. They may need to tear out and replace carpet when traffic through the unit compresses the padding or age leaves the carpet discolored.

Wear and tear is a normal cost of doing business. However, the occupants of a rental home can also cause major damage through irresponsible and inappropriate behavior. When a landlord discovers warning signs of damage to a rental unit, they may need to take legal action to hold the tenant accountable.

How can a landlord respond to issues with suspected property damage at an occupied unit?

Announce an inspection

Landlords generally have the right to inspect their properties occasionally. Especially in scenarios where there are indicators of interior damage, an inspection might be necessary. Advising a tenant of an upcoming inspection might inspire them to do some cleaning or repairs of their own. If nothing else, the inspection can help a landlord determine the extent of the damage and what, if any repairs are necessary.

Weigh the benefits of an eviction

In some cases, an eviction may be the only reasonable response to extensive property damage. Particularly in scenarios where it appears the tenant may continue damaging the home, removing them from the premises is the only way to prevent substantial losses. Documenting extensive property damage can potentially be grounds for an eviction even if a tenant has otherwise adhered to their lease. Particularly in cases where the damage is an indicator of lease violations, such as smoking in the unit or having an unauthorized pet, eviction may be the most effective solution.

Make a security deposit claim

Security deposits provide landlords with financial protection if a tenant damages the rental unit. When landlords follow the right procedure, including sending written notice to the tenant and obtaining estimates for the cost of repairing damage, they can potentially keep part or all of the security deposit to cover the cost of repairs. In cases involving particularly extensive damage, a security deposit may not be enough to cover repair costs. Sometimes, landlords may need to consider taking tenants to civil court in pursuit of the necessary capital to cover repair expenses.

Consulting with someone familiar with the nuances of landlord-tenant law can help property owners fight back when tenants cause substantial damage to their properties. Property damage matters may lead to conflict with tenants, their removal from the unit and possibly even litigation in the worst cases.