What Happens When a Tenant Damages the Property and the Owner Does Not Want to Make Repairs

Property damage is a common issue landlords face when renting to tenants. Whether the damage was incurred while the tenant was still occupying the rental unit or discovered after the tenant vacated, it presents a challenging situation. This article explores the consequences for both landlords and tenants in such scenarios.

When Damage is Discovered During or After Tenancy

The first consideration is when the property damage was discovered. If a tenant damages a property and the owner does not want to make the repairs, the living conditions within the property will remain compromised. This can lead to an uncomfortable and unresolved situation for the tenant who must continue to live in a damaged unit.

Landlord’s Actions After a Tenant Vacates

If the landlord discovers significant damage after the tenant vacates the property and decides not to make the repairs, their ability to rent the property may be affected. Prospective tenants generally avoid properties in poor condition. The landlord might face an extended period without tenanted property, which can be financially detrimental.

Security Deposit Considerations

Many states allow landlords to use the security deposit to cover the cost of repairs. The landlord must provide an estimate of the repair costs and ensure that the charges are reasonable. The security deposit serves as a fund to cover such damages, but it is not always sufficient. If the damage exceeds the security deposit, the landlord may consider additional legal actions.

Exploring Further Legal Options

If the security deposit is insufficient, the landlord may explore further legal options, such as filing a civil lawsuit. In some cases, the landlord might consider evicting the tenant and potentially pursuing legal action. Actions like this can be costly and time-consuming, and success is not guaranteed.

Instigating an Eviction Due to Significant Damage

When a tenant causes significant damage, it can be categorized as “waste.” Landlords in most jurisdictions have the right to evict tenants based on this ground. The landlord can also choose to make the repairs themselves and deduct the costs from the next month’s rent. If the tenant refuses to pay the balance, this becomes a further cause for eviction for non-payment of rent.

Conclusion: The Near Horizon of an Eviction

In summary, if a tenant damages the property and the landlord does not want to make the repairs, there are several potential outcomes. The property may experience a period of vacancy, the landlord may use the security deposit to cover some or all of the repairs, or the landlord could opt to evict the tenant and pursue legal action. Regardless of the chosen course of action, it is essential for landlords to document all communication and evidence of damages to protect their rights and interests.