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How to Handle Property Damage Caused by Tenants

Owning rental properties can be a highly lucrative and profitable business. However, finding tenants that will keep your properties in good condition and free of damage is important. Part of preventing significant property damage is conducting a thorough tenant screening. But that doesn’t stop all property damage caused by tenants. In today’s article, we’ll go over how to prevent and handle property damage in your rental. Read along to learn more!

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Contents of This Article: 

Preventing Property Damage in Your Rental

Prevention is the key to avoiding property damage caused by tenants. Additionally, it’s essential for maintaining the property’s value and minimizing potential disputes with tenants. Setting clear boundaries and communicating with tenants throughout the rental process can help avoid significant issues like property damage. That said, here are some more tips to help landlords and property management companies in Philadelphia prevent property damage. 

  • Thorough Tenant Screening- To protect your rental, you’ll want to start by carefully screening prospective tenants. Conduct background checks, verify employment and income, and contact previous landlords for references. This allows you to find responsible individuals to care for your property. 
  • Clear Expectations in the Lease- Create a comprehensive lease agreement outlining the tenant’s property maintenance and damage prevention responsibilities. 
  • Regular Property Inspections- Conduct periodic inspections of the property to ensure it’s well-maintained. Inspections can help identify potential issues before they escalate into significant problems. 
  • Address Maintenance Requests- Encourage tenants to report maintenance issues promptly. Respond to these requests promptly and take care of issues immediately. Regular maintenance can prevent minor issues from turning into more costly problems. 
  • Take Preventive Measures- Install preventive measures like smoke detectors, carbon monoxide detectors, fire extinguishers, and security systems. These measures can help prevent accidents, mitigate risks, and protect your property. 
  • Adequate Insurance Coverage- Obtain comprehensive landlord insurance coverage for your property. Landlord insurance can provide financial protection in case of damage caused by natural disasters, accidents, or unforeseen circumstances. 
  • Establish Clear Communication- Maintain open and transparent communication with your tenants. Additionally, encourage them to report any issues promptly and address their concerns immediately. Good communication can prevent minor issues from escalating into major damage. 

How to Handle Property Damage Caused by Tenants

Handling property damage caused by tenants requires a careful approach. If you notice damage during the move-out inspection, there are certain steps you can take to communicate with the tenant and fix the damage. First, however, it’s crucial to handle the situation calmly, professionally, and according to landlord-tenant laws. Here are some of the steps you can take to handle the situation.

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  • Assess the Damage
  • Review the Lease Agreement
  • Notify the Tenant
  • Repair the Damage
  • Deduct from Security Deposit
  • Document All Costs
  • Communicate With Your Insurance Provider
  • Take Legal Action If Necessary

Assess the Damage

First, inspect the property thoroughly to assess the extent of the damage caused by the tenant. You’ll want to take photos or videos of the damage as evidence. This documentation is crucial in evaluating repair costs and in potential legal proceedings. 

Review the Lease Agreement

Carefully review the lease agreement terms to determine the tenant’s responsibilities regarding property damages. In addition, you’ll want to pay attention to any clauses related to repairs, maintenance, or tenant negligence to help you understand the potential recourse available to you.

Notify the Tenant

Once you’ve inspected the property, inform the tenant in writing about the damage they’ve caused. Provide a clear and detailed description of the damage, including the areas of the property affected and the required repairs. Additionally, you’ll want to include any supporting documentation, like photos or videos, to substantiate your claim. 

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Repair the Damage

Arrange for the necessary repairs to restore the property to its original condition. For instance, obtain quotes from qualified contractors and keep records of all expenses related to the repairs. After all, depending on local laws and the lease agreement, you can recover these costs from the tenant. 

 

Deduct from Security Deposit

Most landlords require a security deposit when a new tenant signs a rental agreement. If you collected one, you’ll be able to deduct the repair expenses from the security deposit. However, it’s crucial to ensure you follow the proper procedures by providing the tenant with an itemized list of deductions, as required by local laws. 

Document All Costs

You’ll want to keep detailed records of all expenses related to the damage caused by tenants. For instance, include repair costs, quotes, receipts, and other relevant documents. These records will be important if you must pursue legal action or make an insurance claim.

Communicate With Your Insurance Provider

If you have landlord insurance, contact your insurance provider right away to report the damage and initiate a claim if applicable. Provide them with all the necessary documentation and cooperate fully throughout the entire claims process. You may be able to recoup some costs according to your insurance policy. 

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Take Legal Action If Necessary

If the tenant refuses to take responsibility for the damage or disputes your claims, you may need to consult with a legal professional. That way, they can provide guidance on potential legal action you may need to take. For instance, you may need to file a lawsuit in small claims court to resolve disputes. 

Scenarios Landlords Face When a Tenant Causes Property Damage

Walking into a property a tenant damages can be highly stressful and frustrating. That said, when the property damage exceeds normal wear and tear, you have the right to financial repayment. However, your options may differ depending on whether the tenant still lives there or plans to move out. Here are three common scenarios of tenants causing property damage and how to handle them. 

The Tenant Still Lives There

Suppose you notice significant damages during a routine property inspection. If the tenant still lives there, you’ll want to document all the damages thoroughly with photos and repair quotes. Then discuss the damages with the tenant and document the communication. Tell them you’ll need to deduct from their security deposit to cover the damage costs. However, if the damage exceeds the security deposit amount, you may need to discuss a payment plan or another solution. 

They Start to Become Threatening

Sometimes tenants will get defensive or hostile when confronted about property damages. That said, tenants who pose a threat to you or your property need to be handled immediately. Depending on the extent of their threats or hostility, you may need to call the police and file a report. 

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To simplify the process, you should have documented the damage and your interactions with the tenant. When the police are involved, they can handle the situation as they see fit, whether arresting or fining the tenant for damages. However, you may need to take a noncompliant tenant to small claims court for damages that exceed the security deposit amount. 

If the tenant is hostile and continues to damage your property, you may need to file for eviction. However, eviction can be a long and slow process, so you should consider other options before you file. For instance, you could offer cash for keys to get them out of the property sooner, avoid further damages, and avoid the cost and process of eviction. 

The Tenant Refuses to Respond or Abandons the Property

You’ll need to consider other options if you’ve made several attempts to contact your tenant about damages without receiving a response. For instance, if the cost of repairing damages exceeds the security deposit, you’ll need to take legal action. You can go to small claims court, obtain a judgment, and potentially turn the matter over to a debt collector. 

Next, you’ll want to file an insurance claim to try and recover losses from tenant damage. Additionally, if necessary, you may need to hire an attorney to seek compensation from the tenant. In that case, they’ll need to locate the tenant or obtain a court order to garnish the tenant’s wages to make up for the cost of damages. However, these processes are quite extreme and take a lot of time and work, so you’ll want to make it your last approach. 

Protect Your Properties With Professional Management

Handling damages caused by tenants can be stressful and time-consuming. However, proceeding professionally and following all applicable laws is crucial to protect your rental business. If you’re having trouble finding respectful tenants or want to ensure your rental is cared for 24/7, you may want to consider hiring professional property management.

Need More Advice? contact us today!

Bay Property Management Group offers comprehensive rental management services, including thorough tenant screening, move-in and move-out inspections, 24/7 maintenance, and more. Whether you need help marketing properties or collecting payments, we’ve got it covered. So, contact us today to learn more about our services throughout Baltimore, Philadelphia, Northern Virginia, and Washington, DC.