Protecting rental property from tenant-caused damage is often a top priority for landlords. While the majority of tenants are responsible and take care of their rented homes, the potential for damage is ever-present.
Thankfully, landlords have legal options available that can help them to safeguard their investments and mitigate risks. Ultimately, the goal is to make sure that their properties are protected without infringing on their tenants’ legal rights.
Drafting clear lease agreements
A lease agreement should clearly outline expectations regarding property maintenance, permissible alterations and the consequences that will be imposed in the event of damage. Including clauses about prohibited activities, such as smoking or keeping certain types of pets, can also reduce the likelihood of damage and the need to enforce consequences up to – and potentially including – eviction. An enforceable lease not only safeguards property but also provides an opportunity to pursue legal recourse in case of a dispute.
Collecting adequate security deposits
A security deposit can help to ensure that landlords aren’t left holding the bag for any extensive damage-related costs that do arise. By conducting a thorough walkthrough with the tenant at move-in and documenting a property’s condition with photos or videos, landlords create an evidence-based record that can be used to justify deductions from a security deposit for damages that extend beyond normal wear and tear.
Conducting periodic inspections and maintenance
Periodic property inspections can help landlords to spot and deal with potential issues before they escalate. Many states allow landlords to perform periodic inspections with proper notice. These inspections allow landlords to address maintenance issues that could lead to more significant damage if left unattended, and to check on whether tenants are keeping their rental properties in reasonable condition.
When damage does occur
When tenants cause property damage, landlords can pursue legal remedies. For example, they can potentially withhold a portion of a security deposit, pursue reimbursement through small claims court or, in severe cases, initiate eviction proceedings. When serious damage does occur, seeking personalized legal guidance can be a good way to evaluate one’s rights and options moving forward.