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What To Do When a Tenant Trashes Your Rental Property

Alpha Property Group • Mar 03, 2023

After you’ve been in the rental property business long enough, chances are, as a landlord, you’ve put a lot of time and money into your renting property and screening tenants. But despite your effort, you may get tenants end up seriously damaging your rental property either accidentally or on purpose. (1)


Sometimes it seems that everyone talks about tenant’s rights. But the fact is that landlords have rights too. Nonetheless, when odds are against you, there are several we buy houses as-is Baltimore agencies you can rely on to sell your property.


In this article, we’ll explain what rights a landlord has when a tenant destroys property, the steps to take to document tenant damage, and how to get a tenant to pay for damages.

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Steps to Take When Tenant Destroys Property 

When and if a renter destroys your property, here are the 5 steps we buy houses Baltimore agents recommend you to take:

Step #1: Identify

Identify the overall situation and the damage to make sure that it’s the tenant who is destroying your property. 


Although it may be difficult to do when you’re looking at a hefty repair bill for damages, be sure to keep your emotions in check. One good way to identify the situation is to ask yourself if there have been past issues with the tenant that might indicate they’re really the ones who caused the damage. But why go this long process when agents can help sell my house fast Baltimore.

Step #2: Document

We all know that a picture is worth a thousand words, especially when it comes to documenting damage to your property caused by the tenant. Having photographic evidence makes it easier to charge the tenant for repairs and may help the judge rule in your favor if you need to take the tenant to small claims court. 

Step #3: Estimate

The cost of repairing damage caused by the tenant can add up surprisingly fast, especially if the work needs to be done by a licensed contractor and not a handyman. 



Your local property manager has a reliable network of vendors that can make repairs quickly and at a fair price, with any volume discount they receive on time and materials passed through to your project.

Step #4: Talk

At this point, you’ve identified the cause of the damage, documented the work that needs to be done with photos and videos, and received fair estimates on the cost of repairs. Now it’s time to talk to the tenant to discuss the seriousness of the situation and your plans to remedy it. 


Being fair and reasonable with your tenant is a good way to do business, and will also help if you have to go to court. Sometimes a landlord will agree to split the difference with the tenant if the damaged item was going to be replaced anyway.

Step #5: Deduct

When the tenant moved in, you collected a security deposit. One of the reasons for the deposit is to make sure you have the funds available to cover damage caused by the tenant beyond normal wear and tear. 


You may choose to withhold all or part of the tenant’s security deposit. If you do this, provide the tenant with an itemized list of damages, the cost to repair, and documentation of the damages (such as copies of the pictures you took) to let the tenant know you’re playing fair and square. 


Avoid the temptation to mark up the cost of repairs. The tenant security deposit isn’t meant to be a mini profit center, and you may run into problems if you end up in small claims court with the tenant.

Taking Legal Actions Against the Tenant

Landlords can take legal action if a tenant destroys their property. Before you take this step, make sure to document the tenant damage, review your rental agreement with the tenant, and understand your local landlord-tenant laws.

Contact the police

It’s a good idea to contact the police to report certain damage caused by the tenant. In situations where the tenant stole items such as appliances or the water heater, the police may be able to pursue criminal charges. You’ll also need a police report if you plan on filing an insurance claim or suing the tenant for damages. However, if you don’t want to go the legal way because you want to avoid the associated costs, you may decide to list your property with we buy houses in Baltimore as-is companies. 

File an insurance claim

Speak with your insurance agent to understand the impact of filing an insurance claim for damages caused by the tenant. Even if your policy will reimburse you for damages, ask your agent if making a claim will end up increasing your annual premium and by how much. 


Then do a cost-benefit analysis to see if filing a claim makes good business sense. Insurance companies also look for a pattern of claims, and will reserve the right to cancel a policy or not renew it for rental properties owners who have a history of making claims. Insurance companies may also link you up with we buy houses Baltimore MD agents to sell your property as-is. 

Sue the tenant for damages

Another legal action you can take is to sue the tenant in small claims court. You may be able to obtain a judgment against the tenant to compensate you for the cost of repairs. After that, you’ll need to record and enforce the judgment by turning the matter over to an attorney or collections agency. 


As with an insurance claim, analyze the pros and cons of suing the tenant for damages and listing your property with we buy houses in Baltimore MD realtors. If the tenant has no money to their name or files for bankruptcy you may be unable to collect even if the court rules in your favor.

Conclusion

As a landlord, you have specific rights when a tenant destroys property either on purpose or accidentally. Make sure to document the damage, itemize the cost of repairs, and talk to the tenant so that they understand how serious the situation is. 


Preventing potential damages beings when the tenant moves in. Always conduct a walk-through, explain what normal wear and tear means, and the tenant’s responsibility for paying for damage caused by neglect or intentional destruction.


About the author

Michael Allen

Michael Allen is the founder of Alpha Property Group, a cash home buying company based in Baltimore. With a passion for real estate and entrepreneurship, Michael has dedicated himself to helping homeowners sell their properties quickly and hassle-free. He has a keen understanding of the local real estate market and is committed to providing fair offers to those looking to sell their homes fast. With a focus on customer satisfaction and transparency, Michael and his team at Alpha Property Group have helped many homeowners achieve their goals of selling their properties quickly and efficiently.

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