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. We’re not talking about normal wear and tear in this article, but serious damage, like broken windows, appliances, walls, and flooring. If you’re not sure how to start the repair process after a renter damaged your property, keep reading.
Step #1: Document the Damage
The most important thing you can do when dealing with serious property damage from a tenant is to document every instance of damage. Having proper documentation will not only make charging the tenant or deducting from their security deposit easier, but it will also make a small claims court case a lot easier on your part. Take pictures of everything that’s been damaged. Take a video as you walk through the property and provide detailed commentary along with it. Remember to stay objective as you describe the damage.
Hopefully you conducted a thorough walk-through with your tenant before they moved in and took proper “before” pictures. Having pictures before and after the damage will also help your case and make it easier to build a timeline for the damages.
Step #2: Get Several Estimates for the Repairs
Any damages beyond normal wear and tear could mean that your rental will be off the market for a bit, so be sure to act fast to get contractors and repair professionals in to estimate how much fixing the damage will cost. Getting several estimates is crucial so you can be sure you’re getting a fair quote. One person’s analysis may not be as thorough as another’s, and you want to ensure your rental receives quality repairs. Having multiple bids also means you can get multiple estimates for how long the repairs will take. After all, your rental property is a crucial part of your income, so it’s important to get it back on the market or in livable condition as soon as possible, especially if the tenant in question will continue to live there.
Step #3: Talk to Your Tenant About the Damage
A lot of the time, incidents of damage – even the big stuff – are the result of an accident. After you’ve documented the damage in your property, talk to your tenant to get a better sense of how to remedy the situation, especially if their rental record has been squeaky clean until now.
Handling the damage with an agreeable tenant
If the damage done was the result of an accident, or if your tenant has a good rental history, you might be able to negotiate an amenable plan to repair your property. If your tenant can’t pay for the repairs or their security deposit can’t cover it in full, now is the time to discuss a payment plan or another solution. Just make sure to document everything in this stage too, including a contract on how to handle the repairs or a payment plan agreement.
Handling the damage with an aggressive tenant
Tenants who pose a serious threat to your or your property need to be dealt with as soon as possible. Your first option is to call the police. You should have documented the damage and your interactions with the tenant in question, which should make this process a bit easier. If the damage to your property is ongoing, reporting the tenant to the police could result in a serious fine for them, or their arrest, which should put an end to the situation. You may have to take a noncompliant tenant to small claims court for damages that exceed the security deposit.
If your tenant is hostile and/or continues to damage your property, it may be time to file for eviction. Eviction can be a slow process, so make sure this is your last option before you file. Filing for eviction could also make your tenant spiteful or hostile to you, or it could result in more damage to your property, so be ready to continue to document the situation and remain calm and objective.
Handling property damage with a nonresponsive tenant
If you’ve made repeated attempts to contact your tenant about the damage to your property without receiving a response, it’s time to consider other options. This is where your security deposit will also come into play. After that, contact your insurance company and file a claim. Your homeowners or landlords insurance should cover the damage to your property. You could also hire an attorney to seek restitution from the tenant. This may mean hiring an investigator to track down your tenant, or filing for a court order to have the tenant’s wages garnished. These are both extreme approaches to recouping costs and take a lot of legwork, so be sure this is the last approach.
Step #4: Deduct from the Security Deposit to Cover the Damage
Damage that exceeds normal wear and tear is exactly what your tenant’s security deposit was made to cover. This is the first line of defense to preventing you from having to dip into your pockets to cover damages. To withhold a tenant’s security deposit, you’ll have to let your tenant know that you don’t plan on returning their security deposit in writing and provide a list of the damages and their respective costs. This is also where your documentation (pictures, videos, etc.) will come into play. If you deduct money from your tenant’s security deposit without proof of damages, you could end up in small claims court with your tenant.
Landlord Rights When Tenant Destroys Property
Having your rental property thrown into a state of disarray by a tenant can be extremely stressful. When the damage to your property exceeds normal wear and tear, you have the right as a landlord to financial repayment. As we discussed above, the process to repayment starts with documenting everything. That could mean photos, videos, emails, and more. Remember to stay objective and calm when documenting the damage. Then it’s time to deduct from your tenant’s security deposit. Provide a list of the damages and costs and give this to your tenant in writing. If you track expenses with an online platform like Apartments.com, you can upload receipts from repairs and export them as to PDF format to itemize the costs associated with damages.
If the costs to repair your rental exceed what their security deposit could cover, you need to consider taking your tenant to small claims court. If the tenant has a history of damage and aggressive behavior, you may want to consider eviction or even filing a police report. Dealing with these types of situations is never easy, especially if the relationship with your tenant turns sour. Just remember to document everything and stay calm, and you can have your property ready to rent again in no time.
