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What To Do When a Tenant Trashes Your Rental Property.

Essential Equity Real Estate • Feb 03, 2023

Chances are, as a landlord, you’ve put a lot of time and money into your rental property and screening tenants. But despite your best efforts, you may get tenants that end up seriously damaging your rental property either accidentally or on purpose. (1)


Although it's common for people to talk about tenants' rights, landlords also have rights. In this article, we'll talk about the rights of landlords when tenants destroy their properties. We'll also talk about how to get the tenant to pay for the damages. 


Although the laws vary depending on the state, a tenant is generally responsible for damages beyond expected due to wear and tear. Some common examples of damages that can happen are paint, flooring, and appliances. 


Some common damages that can happen are caused by negligence or neglect; examples include broken plumbing lines and damaged garage doors. Although some tenants might try to blame the other party for the damages, it's still their responsibility to pay for the damages caused by their actions. As a landlord, you have a legal obligation to enforce your rights when a tenant damages your property. 

What Are The Steps To Follow Up On A Tenant Trashing Your Property?

You might have been in the rental business for a long time, and eventually, one of your tenants will start acting mad and destroying your property. They might be unemployed, have a personal issue, or are unhappy with their current lease. Below are the steps to take when a tenant destroys your property. Alternatively, you can contact we who sell my house fast Milwaukee for more information and clarification.

Identify

You must first identify the overall situation and the damages caused by the tenant. Doing so will help you determine who is responsible and avoid getting bogged down in the repairs. One of the most difficult steps to take is to check the previous issues with the tenant, as it could imply that they are the ones who are responsible for the damages.

Document

Pictures are valuable, particularly if used to document how your tenant damaged your property. Having photographic proof can make it easier to lay claim to the tenant for the damages and help you in court if necessary. 


Aside from taking pictures, you should also conduct a video tour of the property to understand the damages better. Doing so will allow you to thoroughly assess the damage and provide a detailed commentary on the situation. For more information on what to do, contact us since in Milwaukee we buy houses.

Estimate

The cost of repairs caused by your tenant can quickly add up, especially if it requires the work to be carried out by a licensed contractor. You can expect a fair price if you have a network of vetted vendors through your local property manager, who can provide you with affordable and fast repairs. 


If you are in the market to hire a contractor to do the repairs, ensure you get multiple estimates to get a good price. You want to get the property back on the rental market quickly and ensure that the vendor is trying to do everything right. Contact us who we buy houses in Milwaukee for further guidance.

Negotiate

After identifying the cause of the damage and having gotten multiple estimates for the repairs, it's time to talk to your tenant to discuss the situation. You've already documented the work that will need to be done, and you'll be able to show them the damage with photos and videos.


If you cannot settle with the tenant, you can try going to court. Being reasonable and fair with them can help you avoid getting sued. Some landlords will even allow tenants to split the difference if the damaged item is still being replaced.

Deduct

Before you let a tenant move in, you must have a security deposit. One important reason why we who we buy Milwaukee WI houses ask for this deposit is to ensure that you have the money available to cover the damages caused by the tenant, even if it's beyond their normal wear and tear. 


You can also withhold a portion of the tenant's security deposit. It can get done by providing the tenant with an extensive list of the damages and copies of the photos you took of the damage. Doing so will let them know you're doing your best to be fair and reasonable. The security deposit is not a profit center, and you should refrain from putting up the price of repairs on it. You may find yourself in trouble if you go to court with the tenant. 

What Are The Legal Actions To Take If A Tenant Destroys Your Property?

If a tenant destroys your property, you can take legal action. Before starting this process, ensure you have all the necessary documents and know your local laws regarding landlord-tenant disputes. You can also choose to contact us who we buy ugly houses Milwaukee.

Call The Police

If the tenant has caused damage to your property, you must contact the police. In most cases, law enforcers can pursue criminal charges if they believe the tenant stole items. You can also file a lawsuit against the tenant or attempt to collect insurance money for the damages. 

File An Insurance Claim

It would be best if you spoke with your agent or those who we buy houses Milwaukee to understand the implications of filing a claim for damages caused to your property by the tenant. Ask if filing a claim will increase your annual premium or how much it will cost. You can also conduct a cost-benefit study to see if it makes financial sense. An insurance company will look into a pattern of claims and either rescind or cancel policies for properties involved in similar disputes. 

Sue The Tenant 

If the damage to your property is severe enough, you can sue the tenant in a small claims court. This type of lawsuit can allow you to get a court order that requires the tenant to pay you for the damages. After filing the lawsuit, you can turn the matter over to a collection agency or attorney. Before you start the process, make sure to analyze the pros and disadvantages of suing the tenant. You can also contact those who we buy houses for cash Milwaukee for more advise on the matter from the experts. 


As a landlord, you have certain rights regarding property damage caused by a tenant. Before starting the legal process, ensure you have all the necessary documents and know your local laws regarding landlord-tenant disputes. One of the most important steps you can take is to thoroughly document the damage and talk to the tenant about the situation. 

Give us a call anytime at 414-368-0281 or fill out this quick form to get started today!

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About the author

Zach Kirkton 

Zach Kirkton is a passionate cash home buyer and the founder of Essential Equity Real Estate, a company that helps people sell their homes quickly and easily. With a deep love for real estate, Zach has dedicated his career to helping homeowners who need to sell their properties fast, whether it's due to a job relocation, divorce, inheritance, or any other life event. He takes pride in providing his clients with compassionate and personalized service, always putting their needs first. Zach and his team are based in Milwaukee, WI, and are committed to helping homeowners achieve their real estate goals.

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