A landlord’s property is an investment. Therefore, it is natural that they will do everything to ensure that their investment remains in good condition. It is also the reason why they must ask for a security deposit from the tenants.
The security deposit is an amount of money given to the landlords upon signing a lease agreement. It will be used to cover the cost to repair the damage caused by the tenant’s negligence. At the end of the lease, the remaining amount gets returned to the tenant.
The landlord will perform a property inspection after the lease ends and will return the security deposit if there are no damages noted. But what happens if hidden damage was discovered after the tenant had left? Can the landlord file a case?
To answer one of the questions, yes. A landlord can still sue the tenant for damages after the tenant has vacated the property. However, there is a limit on how long they can.
• How long does a landlord have?
The answer to this can vary. Some will say that the landlord only has thirty days, but some claim that it can become as long as six years.
Commonly, a landlord can sue the tenant up to four to six years after the end of the tenant’s lease. The important thing is to keep a record of the damage, including the evidence and receipts for the repairs. It is not a good idea to delay this because the longer the landlord will wait, the lesser the chances of getting the money reimbursed.
• What can a landlord sue them for?
The landlord must have a legit reason to sue a tenant. So before he does anything rash, he must assess if it is necessary or not.
A landlord is not allowed to sue a tenant for the normal wear and tear of the property. For example, he cannot file a case against the tenant because of the paint fading in some parts of the house. It is a normal wear and tear situation.
However, if the damage is clearly caused by the tenant, the landlord can sue. Examples of this are burn marks and holes in the wall. The tenant is liable for these damages.
If the landlord has already given the security deposit, he can file at the small claims court and have the tenant pay for the repairs.
• State laws
A landlord should know their local state laws because it varies. While some states extend the statute of limitations to six years, some will not. Even if he has strong evidence, if the period to file a case has ended, it is insignificant.
• Court proceedings
The process of filing a case and getting paid for property damage is similar to the eviction procedure. The first step is to serve a notice. The notice must state the reason why they are being sued. The landlord should also make sure that the tenant receives the notice. If they fail to respond, he can file in small claims court.
The court will then gather information from both parties. During this stage, the landlord must have sufficient evidence to back up his claims.
The evidence is going to be presented during the court hearings. The next process will be determined by the court’s decision. If the landlord wins, the tenant will pay for the cost of repairs
To prevent this from happening, the landlord must perform a thorough property inspection before a tenant moves in and after the tenant leaves. It is also an advantage to take pictures of the property before occupancy. Another thing, the landlord must make sure to address tenant complaints about the property. If there are items that needed fixing, they should act on it immediately. They have to make sure that they did not fail in performing their duties to their tenants.
Once a landlord gets to fix the property damages, that’s when he will need to fill in the vacancy, and who better to help them but leasing agents like yourself? Help the landlord look for tenants who would not hide property damages from them. You might find them when you use Padleads to post the property listings and getting them syndicated to various websites. Before the new tenant moves in, remind the landlord to do inspections first.