Should landlords sue tenants who extensively damage property? That's if their [security] deposit which is to be forfeited [in case of any damages] isn't enough to pay for the repairs. Should you seize their possessions or solve the matter in a more civilized manner in court? But considering how courts tend to favor tenants would it be a wise choice?
If the deposit is not enough to cover it and there is no understanding, sure, tenants should be sued and the topic should go to a court of law.
I think there's definitely a case to sue but it would be wise to work out how much it will cost and how long it would take. Also consider the fact that any amount you are awarded could potentially be paid back in installments, rather than one lump sum. I know one landlord who takes digital photos of the apartment, before the new tenant moves in. He then puts these in a document and has the tenant sign to prove that this was the condition of the property when they moved in. To be honest, I am not sure how much standing this would have in a court of law, but he is finding that the properties are being left in a much better condition!
If you do this there is a good chance that the tenant might be able to go after you legally, make sure you check with a lawyer first. In most places before you can sieze something you require a court order. You might be able to legally deny access to the tenants property using a legal loophole, like make up an excuse why the locks needed to be changed, change the locks. But find out from a good lawyer how this is to be done.
It is obvious that the landlord should definitely try to sue the tenants who do damage to their property. It should be handled legally or else nobody will actually help to take care of the property.
I think that the idea of taking the pictures before they move in, maybe even one or two with the tenant in the picture in the empty apartment, and then having them sign the document. I don't know for sure that it would hold up in court, but I bet it would make the tenants leave the apartment in better condition.
That is a really good idea ally, nothing like documenting the property before the tenants enter and make them liable for it, it's just fair.
It seems to be an excellent idea. In this way you can have a proof of all the damages that has been done to the property.
Am thinking that's a lot of work, considering i have been there, done that, the case carried on with no end in sight, the tenant was favored and i had to part with a hefty bill...wounds heal, lessons are learnt and life goes on but this time round karma is going to catch up with that tenant from hell's underbelly
In my case scenario, the house looked like an un-kept pig sty, the tenant was threatening me, i sort help from the authorities, the case was opened, i was the one paying for the case to carry on with no tangible resolve in the end, finally despite all that, the tenant was favored, i ended up with a huge bill to pay and a house to renovate, fortunately i got a tenant who is understanding, so each month, i put aside some money for small-time repairs till the day the house looks brand new...plus getting a professional real estate agent to deal with tenant issues henceforth is a weight lifted off my shoulders
