What To Do When a Tenant Trashes Your Rental Property

Your rental property is your investment. When you agree with a tenant on the terms, you expect them to treat the property with respect as more tenants may join in later and ones who were there before. 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)

You may wonder about the next best steps when such a scenario happens. It is not every day that you have to deal with property damage. Here are the first five steps to take after the incident:

• Identify – You should identify the damage and situation overall. You should make sure it is the tenant destroying the property. Although it may be challenging to do when you’re looking at a hefty repair bill for damages, be sure to keep your emotions in check.

• Document – A picture is worth more than a thousand words and can be used to document the damage caused by the tenant. Photographic evidence makes it easier to charge the tenant for repairs if you need to take it to court. Conducting a video before the tenant moves in is vital. However, if you hadn’t, taking a video tour of the house while commentating on the damage could be helpful.

• Estimate – You should estimate the cost of carrying out repairs. The costs can be high, especially if a licensed contractor is needed and not a handyperson. If you want to deal with the repair people on your own, ensure you get several estimates for the best price possible. You will want your property back on the market as quickly as possible.

• Talk – Handling things as adults is the best way to ensure that the damage and repair scenario doesn’t become a big issue. It would be best if you talked to the tenant to discuss the seriousness of the whole situation and how you plan to remedy it. You should be fair and reasonable to your tenant to prevent going to court. Find a middle ground that works best.

• Deduct – A security deposit is usually in place to handle such situations. You can deduct the price you need to repair the house from your tenants’ security deposit. If you do this, provide the tenant with an itemized list of damages, the cost to improve, and documentation of the damages (such as copies of the pictures you took) to let the tenant know you’re playing fair and square.

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How you handle the situation depends on various situations. There are different scenarios that can exist. We buy houses Port St. Lucie FL and know the best way to handle the three main scenarios of property damage from a tenant.

1. The tenant is still on the property

• Document the damages thoroughly, including pictures, documents, and repair quotes.
• Discuss the damages with the tenant, negotiate when appropriate, and put the agreement in writing.
• Deduct from the security deposit reasonable costs for damage caused by the tenant.
• Consider taking the tenant to a small claims court to receive a judgment against the tenant if the cost of repairs exceeds the security deposit amount.

2. The tenant becomes adversarial

• Sometimes, tenants become adversarial, forcing you to do something you’d rather not.
• If, in your best judgment, the tenant poses a threat to you, your property, or the neighbors, consider giving the tenant a three-day notice to vacate and be prepared to evict.
• File a police report if the tenant becomes hostile or aggressive to let the tenant know you’re serious about protecting your rights as a landlord.
• Cash for keys is an excellent way to cut your losses by paying the tenant to leave and avoiding the cost of evicting the tenant and going to court.

3. The tenant refuses to respond or abandons the property

• When the cost of repairing damage caused by the tenant is more than the security deposit, you can always take legal action by going to small claims court, obtaining a judgment, and turning the matter over to a debt collector.
• Filing an insurance claim is another way to recover your losses from tenant damage, but remember that too many insurance claims for minor items will eventually increase your annual premium.

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