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What to Do if a Tenant Damages Property

Dec 01, 2021

What to Do if a Tenant Damages Property

Owning an income property comes with placing significant trust in the tenants who occupy the spaces. As a property owner, one of the biggest concerns is the possibility of a tenant destroying the property and find themselves asking, "my tenant has damaged my property what can I do?" Damage can be costly and even delay the process of bringing in a new tenant when the old one leaves. Harrisburg Property Management Group understands these concerns. This guide will provide some insight and advice on what to do in the event of a tenant damaging property, as well as how to prevent damage from the start.


Tips for What to Do if a Tenant Damages Property


If your tenant inflicts property damage, consider these steps to address the issue:

  1. Keep Track by Documenting All Damage
  2. Shop Around for Repair Estimates
  3. Discuss the Damage With the Tenant
  4. Deduct From the Security Deposit
  5. Know Your Rights as a Landlord


We dive into each item below:


1. Keep Track by Documenting All Damage

How do landlords protect themselves against damage tenants do to the property?


One of the key steps to take when managing property damage issues is keeping a solid record of all damage made by the tenant. Proper documentation can protect the property owner in various ways. If the situation should come to small claims court, there will be evidence on file of all damage, so it will not just be the property owner's word against the tenant's. It will also make it easier to subtract costs from the security deposit as there will be something formal to present to the tenant if they disagree with the deduction. 


It is highly recommended any property owner thoroughly investigates their property between every new tenant and takes pictures before a new one moves in. This provides a visual record of the condition the property was in prior to a new tenant occupying the space. It also makes it easier to identify any damage the tenant did during the duration of their stay.


2. Shop Around for Repair Estimates


Damage can range from a simple fix that takes little time to days or even weeks to repair. If serious damage occurs, be sure to take action as quickly as possible to help prevent the space from being vacant for an extensive period of time.


take action on property damage

Property owners should shop around for reputable contractors to compare repair estimates and timelines of completion. Comparing these details makes it easier for a property owner to obtain repair services for a price and time frame that suits their needs. Comparing services also helps a property owner identify differences between the details of the repairs between contractors. One may provide more details and information regarding the repairs than another. 


When making the final decision, it is important for property owners to feel confident the job will be done right, for a reasonable cost and in a timely manner. While it is important to get the repairs done quickly to get it back on the market or correct the issue while the tenant still occupies the space, it is equally important that the owners are comfortable with the services.


3. Discuss the Damage With the Tenant


Another step to take if a tenanat damages property is to discuss the damge with the tenant. Although it may be an awkward conversation, it is crucial that property owners discuss all of the damage directly with the tenant. It is important to have a professional and objective discussion with the tenant who caused the damage to find out exactly what happened and have a better understanding of how to proceed. 


It is easier to handle property damage situations if the tenant is agreeable. Accidents do happen, no matter how big or small. If the tenant has a positive rental history and has had no other issues, it could be possible for property owners to negotiate a plan with the tenant to fix the situation. In some cases, the repair costs may exceed the amount of the security deposit. If that happens, negotiations can be made with the tenant to discuss how to make up for the rest of the costs. 


Even if the tenant is cooperative and willing to help rectify the situation, it is still advised that everything is documented until the repairs have been made or an agreement has been reached. Documenting everything from start to finish protects both the property owner and tenant.


Things can get complicated if a tenant is aggressive as opposed to agreeable about damage they have caused. If a tenant damaged property and is proving difficult to contact regarding the situation, it may be best to deduct from the security deposit as opposed to seeking repair from the tenant or tenant hired contractor. Depending what type of damage occurred, a claim through the insurance company as homeowners and landlord insurance policies do provide some cover for property damage. 


In some cases, legal assistance can be implemented. Property owners can consult with an attorney to see what steps would be best to take regarding the situation. Extreme approaches, such as tracking down the tenant or filing a court order for wage garnishment to offset costs of the damage, should only be taken as a last resort as they can be time-consuming and complicated. 


4. Deduct From the Security Deposit


The security deposit obtained from every tenant upon occupying a space is designed to help offset repairs in the event of a tenant destroying property. It acts as a safety net if abnormal amounts of damage are done rather than the expected amount of wear and tear during the occupation.


This is where having a record of the property becomes invaluable. In order to justify a deduction from the security deposit, it is key to have formal documentation regarding the reason for the deduction. If a property owner has kept photos and other forms of documentation throughout the timelines of tenants moving in and out of the space, it will be easy to show when a tenant damages the property during their stay. 


You can save a lot of trouble by tracking evidence that is readily available in the event of a tenant destroying property. Just as a landlord has rights, a tenant does as well. Providing proof when explaining the reason for deducting from a security deposit will make all the difference in protecting the property owner. If claims are made that can not be proven regarding property damage, a tenant can actually take a property owner to small claims court over the security deposit. Tracking damage is the best way to prevent the issue from escalating into court.


know your rights as a landlord

5. Landlords Rights if Tenant Damages Property


It is important to know landlord rights when tenants destroy property. Any damage that is done outside of those caused by normal use warrant financial repayment from the tenant. That is why it is important for property owners to document everything regarding their property from the very beginning. Photos, emails, videos and other forms of proof should be readily available should any issues arise. It is also a good idea to keep a list of damage and costs the tenant accrues to present to them in writing as formal notification to address property damage issues. 


Aggressive tenants may sometimes be overwhelming and intimidating. In the event a tenant becomes aggressive rather than cooperative, know that the law can help. Eviction for damage to property and filing a police report are just a few options to consider. Remember that in any situation, it is important to remain calm, professional and objective. 


Tips for How to Prevent Property Damage From Tenants



Now that you know what to do if a tenant damages property, it's time to move on to the next steps. Perhaps the best course of action for addressing tenant property damage from tenants is to take steps to prevent it in the first place. Review these tips to minimize your risk for damage conflicts:


1. Screen All Potential Tenants


While not absolute, performing a thorough screening of potential tenants can save a lot of headaches in the future. In addition to accepting applications, it is also a good idea to check into an applicant's rental history and other background information. Be cautious of landlord references, as many can be false or misleading, depending upon the source many landlord references should be excluding from decision making. Responsible tenants will help protect your property more so than those who have a history of neglectfulness and blatant disrespect. 


2. Set a Higher Security Deposit Amount


A security deposit is usually requested when the tenant first enters into a lease agreement with the property. It acts as a fund for the landlord in the event that damage needs repaired and acts as a reminder to the tenant that they need to be careful not to damage property. Placing a reasonable, higher security deposit amount can help make an impression on the tenant in the event that damage occurs and can provide the property owner more cushion to land on. 


3. Create a Checklist for Tenant Maintenance 


Tenants will have a better idea of what is expected of them when it comes to caring for the spaces they occupy if they have a maintenance list to refer to. A maintenance checklist that is simple yet full of important tasks to keep up with can help curb any general maintenance issues or damage from wear and tear. 

benefit of maintenance checklist

4. Consider Automatic Air Filter Delivery to Tenants


Some things can be out of sight and out of mind. Changing the air filter in the HVAC system can be one of the important things that should not go unattended. Prevent tenant forgetfulness and a damaged HVAC system by having air filters automatically delivered when it is time for them to be changed. Additionally, you can demonstrate to the tenant that you, the landlord, care about the property and schedule for regular replacement of the air filter for the tenant. 


5. Install Moisture Sensors for Water Leak Alerts


Areas with low traffic flow and moisture buildup, such as under sinks, can pose a risk of water leaks going unnoticed. If a leak is unnoticed for too long, water damage can become extensive and costly to repair. Installing a smart moisture sensor in such areas can alert property owners if a leak has occurred. This is particularly useful in catching it early, especially if a tenant is unaware of a leak or forgets to notify the landlord. 


6. Opt for Yearly Cleaning and Seasonal Inspections


Investing in a professional cleaning service for the annual cleaning of occupied spaces can save a significant amount of money in the end. The service can help properly maintain the property and encourage tenants to keep up with their maintenance requirements


Keeping a regular schedule of seasonal inspections can also help maintain the property. It will help catch potential issues from aging, weather and damage caused by the tenant from getting out of control. A seasonal, physical inspection of the property will allow a property owner to spot issues before they become too large and costly.


7. Keep up With the Tenants Through Check-Ins


Life gets busy, and sometimes a tenant may forget to contact the landlord when they need to report something. Maintaining normal communication to check in with tenants gives them the opportunity to inform property owners of any issues or concerns. Open communication can help a tenant feel more comfortable in the event a situation does arise. ï»¿

open communication with tenants

8. Set up a Reporting System for Tenants


Regular check-ins may not always be enough for a property owner to keep up with tenants. Consider using a tenant portal or a reporting system tenants can use at any time to report necessary repairs. This will allow tenants to report issues as soon as they happen as opposed to putting them off until later communications. Property owners can quickly address any damage from tenants or concerns in a timely fashion.


9. Maintain a Positive Tenant-Landlord Relationship


For landlords and tenants to both feel happy and comfortable, a positive relationship between them is key. Reassuring tenants they can go to their property owners with any issues or concerns opens the pathway to solutions that satisfy both tenant and landlord. Impressing upon the tenant that a property owner is willing to work with them on issues can make a big difference in things being properly reported. 


Contact Harrisburg Property Management Group for Property Management Services


If you are seeking help with managing your properties, look no further than Harrisburg Property Management Group in Harrisburg, PA. Since 2011, our company has provided central Pennsylvania superior property management services. Allow us to take the stress away from owning income properties. We offer a variety of services to help make owning a property easy, such as: 

  • Marketing services to help monitor current market trends, place vacancies on the market through marketing platforms and prepare spaces for rent. 
  • Managing tenant relations to help screen incoming tenants, collect rent, send out communications, schedule inspections and more. 
  • Oversee property maintenance to ensure the protection and longevity of your property with an in-house maintenance crew, preventive maintenance policies, indoor and outdoor maintenance and a 24/7 repair hotline. 
  • Keeping track of finances through our accounting and bookkeeping services to make sure rent is collected on time, expenses are being paid and tax forms are kept up to date. 


Our services grant property owners time to care for other things in life, whether it is another property or exploring new options for potential investment. We treat your property with care and attention to detail. Our experienced and professional property managers can handle the day-to-day tasks and keep your income property running smoothly without worry. 


Help your property reach its highest potential and work with the professionals at Harrisburg Property Management Group for high-quality and reliable property management services. Contact us today for more information about how we can help you.

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