Excess Damage

Discussion in 'Landlord & Rental Property Questions' started by Rainman, Feb 16, 2015.

  1. wander_n_wonder

    wander_n_wonder Guest

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    I would often make that very clear in my rental contracts that in case the damage is way too much as compared to the deposit, I will have the right to assess the value of the damage and charge the tenant extra for anything beyond the deposit. I never had to impose it, fortunately, as my tenants are rather respectful of the property, but having that in your contract will really put you safe in case it does happen. You should make everything in black and white to avoid having to go to court for a potential dispute later on. But yes, I do agree that if you cannot agree on a settlement civilly, it's best to go to court.
     
  2. shilpa123

    shilpa123 Banned

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    The landlord's should take care of those tenants who do excess damage to the property. It is really sad that such things happen. I believe that the landlord should ask for compensation for such damage.
     
  3. Glcameron

    Glcameron Well-Known Member

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    Shilpa123 . I reported your posts from trying to cut and paste comments more than 4 times just for credit. This is a fantastic forum and I think it's unfortunate that you are taking advantage of it for a small gain.
     
  4. admin

    admin Administrator Staff Member

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    Thank you Glcameron.
     
  5. My401K

    My401K Well-Known Member

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    You don't really give to much information on what you mean by damage. there is damage that is caused by use, this is not something you can expect the tenant to make right, although the security is suppose to cover a portion of this. Examples are normal wear and tear on the floor, on things like faucets, lights etc. Small dings and scratches fall in this category, as do some stains on carpets etc.

    Now say the tenant went nuts and left huge holes in the walls and ripped out fixtures, stuff like that, You have two choices, you can use your insurance coverage, or you can sue the tenant for damage. In both cases you keep the security. Suing can be time consuming and actually cost more then the damages, however if the damage is extensive enough it can be considered a criminal act. Sadly that is why we carry homeowners insurance, you can make it mandatory that renters carry renter insurance that would cover damage should an event like this happen. You cannot take their property.
     
  6. JoshPosh

    JoshPosh Guest

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    As long as it is stipulated in writing that the tenant will be in full of any and all damages that incur during their stay, then legally you can sue and recoup your money. But I know a lot of landlord that don't sue because they felt like they made their money from the tenant and they just want them out so they can get some one else in asap. Sometimes hiring a lawyer is more costly and time consuming.
     

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