Tenants Destroying Your House? Here are Your Rights

 If you own income property you may have enjoyed the fruit of your savvy financial planning, receiving your rent on time, and watching all expenses pay for themselves while your equity continues to grow. However, not everything is always rosy in paradise and there may come a point when, no matter how carefully you have screened your tenants, they may become angry, trash your property and even refuse to comply with an eviction notice. As a landlord, do you have any rights in those situations? Let’s have a look.

The Law is on Your Side

You should be aware that there are certain laws designed to protect the property owner. Although different regions and states have different laws, in almost all cases the tenant is responsible for any damage. The only exceptions refer to damage caused either by a natural phenomenon or by the deterioration of the home that comes about with age.  Other than those exceptions, damage caused through negligence directly or indirectly is the responsibility of the tenant. The most difficult part of this equation may be getting your tenant to pay.

What steps should you take when faced with damage to your property?

Start by Documenting Everything

Collect all evidence by taking pictures of everything the tenant has damaged. Hopefully, you have pictures of the way things were before. Get quotes from contractors to establish how much the repair would cost. All this may come in handy should things escalate to the point where you end up in court.

Approach Your Tenant and Negotiate

Before rushing to reach the wrong conclusion, find out what really happened. It may be that the damage was accidental and you are really dealing with nice people that meant no harm. It may also happen that although they did damage something, they agree to cover the cost of fixing it. There’s nothing better than finding a good way to fix the problem. And even if you do find yourself facing an unhappy tenant, talking before initiating a lawsuit may be good for both parties.

There’s Always the Security Deposit

In most cases, tenants have to give you a security deposit before moving in./ If you are unable to come to an agreement, use the money to fix whatever was damaged. If the damage is greater than the deposit, you may have to absorb the loss, get them out, and look for better tenants for next time.

File a Civil Suit

Even if the amount you have to shell out may seem exorbitant to you, engaging the services of a lawyer, filing a claim and going to court, may and up costing you more, not to mention eating into your valuable time. Think about it carefully.

File for Eviction

This is the option of last resort. You may have called the police on previous occasions to prevent your tenant from taking hostile actions. If nothing has worked, an eviction may be your only option. Just remember that this may also be a trigger for further damage. You may have no way out but to offer the tenant some money to get your keys back and have them move out. You may have to consult with a lawyer to understand the steps for a successful eviction in order to cut your losses and be able to move forward.