MY TENANTS DESTROYED MY PROPERTY, CAN AN ATTORNEY HELP?
While property damage is something no landlord wants, it’s often inevitable since no amount of background check will ever determine how tenants will treat your property.
Typical wear and tear are understandable. However, holes in the wall, broken doors, windows, etc., are beyond that. Here’s how to handle damage left by renters, including searching for condominium attorneys near me.
Record the Damage
A Landlord’s most crucial task is to record each incident of destruction. It makes billing the tenant or subtracting from the security deposit smoother, and it also makes small claims court cases simpler for you on your side. As you explain the damage, take videos and photos of all that was damaged and remain neutral.
Get Multiple Estimates
If you notice any damage well outside normal wear and tear, don’t hesitate to call in contracting companies and repair experts to get an estimate on what it would cost to rectify it. The best way to ensure that you’re getting a fair price is to get multiple quotes.
Inquire about the Damage with Your Tenant
The majority of the time, most incidents of damage are the outcome of a mishap. Start by talking to the tenant once you’ve recorded the damage throughout the property, mainly if their rental history has been spotless up until this point.
Dealing With Amicable Tenants
Depending on the circumstances, you may be in a position to work out an agreement with your tenant to have the damage repaired. Talk about a repayment schedule or some other quick fix if the tenant cannot pay the damages or their security deposit doesn’t cover it in total. Keep in mind to include an agreement for the refurbishments or a flexible repayment agreement in this phase.
Dealing With Contentious Tenants
Calling the police might be your next alternative if the tenant becomes violent. Having a record of the damage and discussions with the renter in dispute will be helpful. If the destruction of the property continues, you may want to call the police and file a criminal complaint against the tenant.
Hopefully, this will stop the matter. Small claims court might also be necessary to recover damages from a non-compliant tenant that surpasses the security deposit, depending on the situation.
Dealing With Uncooperative Tenants
Look at alternatives if you’ve tried contacting the tenant concerning damage or destruction and haven’t gotten a reply. The security deposit will come into play here. To file a claim, contact your insurance provider. Damage to the premises should fall under your landlord’s policy.
You might also need to find a condo and HOA lawyer to get the tenant to pay you back. If you don’t know where the tenant is, you may need to hire a detective or file a court order to withhold their income. You should only use this method as your final option if you’ve exhausted all other options.
Security Deposit Deduction
Security deposit protects against dipping into your wallet to pay for the repairs. If you want to keep a tenant’s security deposit, you’ll need to notify the tenant in written form, providing a clear breakdown of the issues and their associated costs before releasing the deposit to a renter.
If the tenant’s security deposit isn’t enough to cover the repair costs of the rental, you may want to take them to small claims court. If a tenant damages the property, the landlord can sue them. Starting with the security deposit, you can deduct any damages from the sum of the security deposit.
How a Lawyer Can Assist
You can bring the tenant to court if the security deposit doesn’t entirely cover the losses caused and you are due the remaining money. Hiring Florida condo and HOA attorneys from Ferrer Law Group will help make the process smoother for you.
Our knowledgeable South Florida condo and HOA attorneys understand the Florida law in-depth, including Florida condo and HOA tenant laws, and will ensure you get the compensation and peace of mind you deserve.
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