Tenant Damage & Repairs This Is A Member-Only Page
Members' Homepage Tenants Should Pay for Damage They Cause
When tenants damage something in their rental unit it is usually preferable for them to call the landlord's maintenance staff to fix it, rather than try to make the repair themselves. Just about every long-time landlord has been surprised by a stack of bills for supplies and labor, in place of the rent; along with a smile and story about all the money the tenant saved the landlord by having a friend do the work.
Most landlords also have many sad stories to tell about how improperly done small repairs not only don't solve the problem long term, but often lead to very expensive replacement.
As a result, landlords should always encourage, or even insist, that tenants to call the office for help, rather than a friend or relative. Unfortunately, that often leads to the landlord paying for the repair or replacement of the damaged item.
A Lease Clause Can Help
When tenants damage something in their rental unit they must expect to pay for it without arguing and getting angry about it. Sometimes tenants may sincerely believe that they did not cause the damage. Other times they may argue that since you own the the property that it's always your responsibility to fix it. Having a lease clause telling tenants that you expect them to pay for any damage that occurs while they are in possession of the property will reduce arguments when you send them the repair bill. Unless, of course, the bill is unreasonable.
Charge Reasonable Amount
Be sure to charge a fair and reasonable amount for any repair or replacement. If you ever end up in court to collect, a judge may decide you charged the tenant too much and reduce the amount you can recover, or even disallow the entire charge. Most importantly, you are also likely to alienate your tenant. Always consider the cost of tenant turnover, compared to the amount of money involved in any dispute.
Suggested Lease Clause
MAINTENANCE AND DAMAGE TO RENTAL PROPERTY
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Tenant shall maintain the rented property is as good condition as when taken. It is the Tenant’s responsibility to clean and care for all of the property in their possession, including but not limited to: carpet, blinds, window dressings, fixtures, appliances and appurtenances. The tenant agrees to follow all operating instructions for the equipment and appliances therein.
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Report all needed repairs. Tenant shall promptly report to Owner when any equipment, appliance, or part of the rental property malfunctions or is in need of repair.
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Tenant shall pay for any damage that is not ordinary wear and tear. Tenant shall pay for all repairs, replacement, and damage to equipment, appliances, or any part of the rental unit or common areas, caused by the act, misuse, or neglect of the tenant, and/or the tenant’s guests, invitees, domestic employees, and licensees, including, but not limited to, damage caused by failure to follow operating instructions and/or damage caused by failure to report a malfunction or needed repair. Owner shall make such repairs and replacements, and the costs shall be deemed owed as additional rent and payable immediately.
Help Tenants Help You
Make sure to give residents the instruction manuals for the air conditioner, microwave, refrigerator, dishwasher, garbage disposal, stove, and other appliances. You can include the manuals in the lease package, or better yet maintain them in a designated drawer or cupboard in the unit. Without operating instructions, tenants could accidentally damage or destroy appliances. Using an appliance isn't always a matter of using common sense. For example, many microwaves require that the glass tray be kept inside when the microwave is in use
Paragraph (b) in the lease clause above requires tenants to promptly report anything in the rental unit that malfunctions or is in need of repair. Otherwise, they may think that if they damage something, they don't have to tell you about it. Unreported damage can lead to further damage. For example, if a small tear in vinyl floor covering is not repaired promptly, the whole floor may eventually need to be replaced.
Most state landlord tenant law does not allow charges for ordinary wear and tear; charge tenants only for damage caused by misuse or neglect
Enforcing the Lease Clause
When a tenant calls about a problem, create a written report explaining what the tenant believes caused the problem. If the tenant admits to causing the damage, it should be noted on the maintenance request. It's important that the maintenance person write all relevant facts down at the time of the visit in case the tenant later disputes it and you need to prove the damage in court.
Follow up every maintenance visit with a letter to tenant the next day. It should explain the tenant's responsibility for the repair or replacement of the item. Describe the cause of the damage, and site your lease clause that says the tenant is responsible under the lease for any damage to the apartment or an appliance due to misuse or neglect.
If the tenant doesn't pay for the cost of repairs within a few days, the lease clause gives you the right to charge the resident the amount as "additional rent" for the next month,
Send Collection Letter for Damage The following sample letter may be helpful in writing something appropriate.
Dear Tenant:
Our maintenance person visited your home on March 5, 1999 in response to a service request about your toilet. The maintenance report states: the toilet was not working because there was a mangled toy in the trap.
Please note that Paragraph 12 (a) of your lease makes you responsible for the care and proper use of all fixtures and appliances, and for following operating instructions. We are not responsible for damage caused by improper use.
Please remit $45 for the service call on your toilet. We have attached a bill for your records. Pursuant to the lease, this amount is payable as additional rent, and failure to immediately pay it will be treated as a failure to pay your rent in full.
Thank you for your prompt attention to this matter.
Yours truly,
Management
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