The 7 Best Steps To Handling Tenant Damage
November 22, 2016
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Kareem Fleming
Consider this scenario
Tenant Susan is a karate pro and kicked large holes in the walls of the unit that she is renting. She also broke a closet door in half. Let's just say Susan has anger issues.
Susan moves out but left damage to Landlord John's property, what should John do?
1. The first thing John should do is document, document, document. In his documentation he should:
* Note the date of the inspection
* Note the damage discovered and list them
* Take lots of clear, quality pictures
* Have a witness if possible
2. John should notify Susan in writing of the damage found.
3. John should then collect at a minimum, 2 reasonable quotes/ estimates from reputable companies to correct the issues. Document the quotes
Note: The more formal the estimates are, the better. You may have to use the invoices in court.
4. John should then choose one of the companies and have the work done. He should also take pictures once completed.
Note: A landlord should NOT conduct the repairs himself/herself if he intends to claim funds from the security deposit or expects to take the tenant to court to collect funds. He will likely not get any money back.
5. Place the property back on the market for rent and try to find a tenant
6. If John has a security deposit for Susan and it is enough to cover the repair cost, he should deduct the repair cost from the deposit and mail Susan the difference owed with a copy of the invoice and a short explanation letter
7. The same steps apply if John does not have a security deposit or enough deposit to cover the damage. The difference now being, John will need to file a small claims suit (if under $5000) to collect the spent funds. He will likely need to hire an attorney or he has the option go to small claims court to set a court date and plead his case on his own behalf using his file and documents.
Note: this usually requires 2 court visits and the landlord or an attorney must be present on behalf of the landlord. If property is owned by an LLC the court may require an attorney be present regardless.
With good documentation, the landlord should win the suit and be refunded the repair cost. Remember that it is not about what happened but what you can prove happened. Pictures, witnesses, notes, estimates are key to winning the case in court.
Always consult a lawyer for sound legal advice. Author is not a lawyer.
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