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What To Do When a Tenant Trashes Your Rental Property

Crown City Home Buyers • Nov 04, 2022

Even if you follow a very detailed procedure when screening your tenants, there’s always the chance that one of them will end up damaging your property. Chances are, as a landlord, you’ve put a lot of time and money into your rental property and screening tenants. But despite your best efforts, you may get tenants that end up seriously damaging your rental property either accidentally or on purpose. (1) This is a serious issue considering property damage can range from something simple to something severe, which could compromise the profitability of your rental property. For instance, tenants can smash windows, tear up the carpet and rip out vital appliances. When faced with this situation, landlords have a few options. 


These options are highlighted below.

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Document Everything

You should document everything thoroughly in this situation. This will provide you with sufficient evidence for any actions you take. This may also be necessary when the situation escalates to the point where your case goes to court. You should take videos and pictures of your rental property. 



Ensure that the pictures have a time stamp and date stamp on them. You should also document all attempts you make to inform the tenant of their responsibilities. Finally, you will want to document quotes from different contractors who bid to complete repairs on your property. This will justify the costs you request from your tenant to repair your trashed property. 

Talk to the Tenant

If the damage appears to have not been intentional, or if your tenant has a history of good behavior, you should talk to them and make a deal. You may find that the tenant is willing to accept responsibility for their actions, and this can solve the problem easily. The tenant may know a contractor who can fix the damages or may have an alternative plan to make things right. You can also work out some kind of payment plan if the tenant cannot pay you in full for the damages. 


In any case, this is the best course of action to take because it will eliminate the need to escalate things. However, you should still document the plan you agree upon with the tenant. In case you are tired of dealing with tenants and asking yourself: how can I sell my house fast in Kansas City? Call us; we buy houses in Kansas City; we offer all cash offers for houses in any condition.

Control Your Emotions

This is very tough to do when you feel like you are being taken advantage of. However, as a landlord, you should avoid making emotional decisions as they can cost you a lot. For instance, locking your tenant out of the house means you could end up paying them for every day they are locked out of the rental. Therefore, when you learn that a tenant is trashing your rental property, take a moment to learn and control your emotions. 



This will allow you to follow the proper procedures.

Deduct from the Security Deposit

Since you have to obtain a security deposit when the tenant moves in, you can use it to complete the necessary repairs. If you and your tenant can’t come to an agreement or if the tenant doesn’t have money to pay for the repairs, you should be within your rights to deduct the cost of repairs from the tenant’s security deposit. If the deposit money isn’t enough to cover the full cost of repairs, you will have to cater to the remaining cost or move on to other viable options.

Consider Filing a Civil Suit

If the tenant refuses to pay for the repairs, you can file a civil lawsuit. This is especially in a case where the cost of repairs is high. Since most tenants want to avoid going to court, they might settle the dispute immediately. If the tenant claims they are not responsible for the damages and will not pay the compensation amount, the court will make them legally obligated to do so.



In a court of law, you can receive compensation for the money owed and for additional damages as well. Therefore, if you and your tenant cannot come to an agreement, filing a civil lawsuit is the best way to get the compensation you deserve. 

File for Eviction

You can evict a tenant who is constantly unable to meet their financial responsibilities and are posing a serious threat to the property. Eviction can be a complicated and slow process, which is why you must ensure that it is the best option. Also, understand that informing a violent tenant that you are evicting them could lead to further damage to the property. Therefore, you should handle the situation as calmly as possible. 



In this case, you can get the local police involved. This can help you with official paperwork to document the event and see if there is enough to lead to arrest. If the damage is significant and numerous valuable items have been destroyed, the police may consider it a criminal case and file charges. In addition, police can help in evicting the tenant from your property.

Contact Your Insurance Company

If the damage is extensive enough, you should talk to your insurance company. This is important because you may be covered under certain conditions for some or all of the cost to repair damages. Your insurance company will ask to see a police report. Once they see this documentation, they will cover the damage caused by your tenant. 


This will ensure that you will not need to pay for the repairs using your own money.

Conclusion

A landlord has rights when a tenant destroys their property. The priority step is to document the damage and then serve a notice to the tenant. Documenting the damage may involve taking pictures and videos and calling the local police. The police can also document the damages caused by the tenant before taking any legal action. 


If the tenant is evicted or has already left the property, the landlord can subtract money from the security deposit. If the damages exceed the money in the security deposit, the landlord can sue the tenant in a claims court. With full evidence of the damages, the tenant will be forced by the judge to pay the cost of repairs. Further, you can contact your insurance company, which is legally obligated to pay for the damages caused by a tenant knowingly or unknowingly. 



Your insurance company will then pay for the cost of repairs to get your property back to livable condition.


About the author

Benjamin Allgeyer

Benjamin Allgeyer is a real estate investor and the owner of Crown City Home Buyers, a cash home buying company based in Kansas City, MO. Benjamin has a passion for helping homeowners who are facing difficult situations, such as foreclosure or financial distress, by providing them with a quick and hassle-free solution to sell their homes. He is committed to providing his clients with exceptional service and helping them achieve their real estate goals.

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