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12.18.20 | Tenant Damages Rental Agreement

While the cost of repairs in an event like this more than likely exceeds the amount of the down payment, you are still required to send a broken down list of repairs with the costs deducted from the deposit to the tenant within a specified number of days. A landlord may also claim cash damages for a tenant`s breach of the tenancy agreement (e.g. the tenant breaks the lease prematurely; The tenant is responsible for the rent due for the rest of the tenancy agreement). If a landlord or administrator damages a tenant`s merchandise, the tenant may ask them to repair those goods or pay for replacement or repair. Landlords can charge tenants for damage, but they cannot charge tenants for normal wear and tear. Normal wear is due to ordinary use, while damage is caused by abuse or neglect. If z.B. the walls of your property appear slightly broken at the end of a lease, you cannot reasonably blame the tenant for causing the damage – smaller marks like this are to be expected in a property where it was lived. If there is a neglected damage to your home as a tenant, you cannot stop paying rent or deducting the repair costs of your rent on your own. This is a breach of the lease and a reasonable ground for eviction. Don`t forget to always follow the laws of your state when it comes to repaying the tenant`s deposit. For a landlord to win the lawsuit, he must be able to prove without a doubt that the damage was caused while the tenant was living in the house.

Even if a friend of the tenant damaged the land, the landlord can still the tenant because he was responsible for the damage. Two or more tenants who rent the same property and have the same lease are roommates – they are co-responsible for complying with the terms of the contract. This means that the landlord may demand the full amount of rent, benefits or any damage or loss of one or the other tenant. “The tenant must keep the interior clean and well maintained, and the property is expected to be in the same condition as at the beginning of the lease – the exception is fair wear and tear.” Technically, a landlord can sue a tenant for damages and unpaid rent if a rental agreement exists or never exists. However, the chances of winning this lawsuit have greatly diminished. If you have to withdraw money from your tenant`s deposit, your tenant has the right to see the receipts and may even dispute any fees. If the damage is less than $3,000, you can write to the small claims court and you will not need a lawyer. I`m sorry to hear you`re going through this. As a landlord, our worst fear is dealing with an unreasonable tenant, and it looks like they have exactly what you have.