What To Do When a Tenant Trashes Your Rental Property
Property damage can still happen even when you take detailed measures to inspect your rental and screen tenants. It may seem like tenants' rights are always discussed, but landlords also have rights. If you are a tired landlord and want to sell your house fast, give us a call, we buy houses fast in Louisville KY.
Chances are, as a landlord, you’ve put a lot of time and money into your rental property and screening tenants. But despite your best efforts, you may get tenants that end up seriously damaging your rental property either accidentally or on purpose. (1) This article covers a landlord's rights regarding tenant-inflicted damage, documenting such destruction, and making the responsible party pay for repairs.
Know Your Rights as a Landlord
Tenants are almost always responsible for returning the rental property in the same condition as when they first moved in--excluding any normal wear and tear. For example, flooring, appliances, and paint usually wear over time due to regular use; this does not fall on the tenant's shoulders.
However, things like an air conditioning compressor burning out because the tenant keeps the temperature in the house near freezing, plumbing lines clogging because of debris flushed down the toilet, smashed glass, or a dented garage door is caused by lazy care on behalf of tenants.
Some tenants will try deflecting the blame when they damage your rental property, but it is their financial responsibility at the end of the day.
It's one thing to figure out who ruined your property, but another to get paid back for the damages.
Steps to Take When a Tenant Destroys Your Property
At some point in every landlord's journey, you'll encounter a tenant who is upset about something and takes it out on you and your property. It could be that they lost their job, are going through personal problems, or don't want to pay a rent increase when their lease expires. Whatever the reason, it's important to stay calm and act accordingly. If you are desperate and asking yourself: should I sell my house fast in Louisville KY? Give us a call, we buy houses Louisville KY.
No one ever wants their property to be destroyed, but if it does happen, here are the steps you can take to protect your rights as a landlord:
Identify
Assess the total damage to your property before taking action to prevent further destruction by the tenant. It can be difficult to keep a level head when facing an expensive repair bill, but it's important to remain calm and logical. A useful way to assess the situation is to reflect on if there have been past disagreements with the tenant that could signal they might be liable for the destruction.
Document
A picture is worth a thousand words, as the saying goes--and this adage becomes truer than ever when you need to document damage your tenant has caused to your property. Having photographic evidence will make it easier to charge your tenant for repairs; furthermore, if you need to take them to small claims court, the judge may rule in your favor.
Taking pictures is great, but for the most thorough home documentation, consider recording a video tour of each room in your house. As you walk through, give objective commentary about any damage you see. Comparing the pictures from when the tenant moved in provides valuable context.
Estimate
If you need repairs done on your rental property, it can be costly- especially if the work requires a licensed contractor rather than a handyman. However, your local property manager likely has a reliable network of vendors who can make repairs quickly and at an affordable price. Plus, any volume discount they receive for time and materials will be passed along to you.
Get estimates from multiple repair vendors to ensure you're receiving a competitive and fair quote. Time is of the essence when it comes to getting your rental back on the market; just be sure that the vendor isn't trying to cut corners with subpar repairs.
Talk
You have now discovered the root of the damage, recorded it with videos and photos and gotten reasonable estimates for repairs. The next step is to speak with your tenant about the problem's significance and your plans to fix it.
Maintaining a good relationship with your tenant is key to preventing legal issues and can help if you go to court. If an item will be replaced soon anyway, sometimes it's beneficial for both parties if the landlord agrees to split the replacement cost with the tenant.
If, for example, you plan to replace dated mirrored closet doors during your subsequent tenant turnover, it may not be fair to charge the tenant for an honest accident that caused broken glass.
Deduct
The security deposit ensures that the tenant does not damage your property beyond what is classified as normal wear and tear.
If you need to withhold some or all of the security deposit, hand the tenant an itemized list of damages with photographs as documentation. This establishes trust and transparency between landlord and tenant.
Refrain from being tempted to inflate the cost of repairs when a tenant leaves. The security deposit should be viewed as something other than an opportunity to make additional money, and you may have issues if the tenant takes you to small claims court.
If a Tenant Destroys Property, Can You Pursue Legal Action?
If a tenant destroys your property, you, as the landlord, have the legal right to take action. However, before doing so, you must follow three key steps: documenting the damage done by the tenant, reviewing your rental agreement, and understanding local landlord-tenant laws.
Contact the police
You should contact the police to report any destruction done by the tenant. If, for example, the tenant stole big-ticket items like appliances or the water heater, then it's possible that criminal charges can be pressed. A police report will also be necessary if you file an insurance claim or take legal action against the tenant for restitution.
File an insurance claim
You could raise your annual premium by filing an insurance claim for the damages your tenant caused. Speak with your agent to see how much it would increase and if the reimbursement is worth it.
A cost-benefit analysis will help determine if filing a claim is worth it. Also, insurance companies can cancel or choose not to renew your policy if they notice a pattern of multiple claims being filed.
Sue the tenant for damages
You can also sue the tenant in small claims court. If successful, you may get a judgment against the tenant that reimburses you for repair costs. You'll need to record and enforce the judgment by working with an attorney or collections agency.
Weigh the advantages and disadvantages carefully before deciding whether or not to sue your tenant for damages, as you may only be able to collect payment if the court rules in your favor if they have money or assets.
Final Thoughts
As a landlord, you have the right to take legal action if a tenant deliberately or accidentally damages your property. You should document the damage, itemize repair costs, and talk to the tenant about the serious situation.
It is important to conduct a walk-through with your tenant before they move in, so you can explain what normal wear and tear means. This will help prevent any future damage caused by neglect or destruction.
We here at Kentucky Cash Home Buyers are dedicated to getting the most cash possible into your pockets for your home as-is, so that you can get the most out of this situation and prepare to move on. We will buy houses in any condition without you needing to fix your home before sale.