TENANT DAMAGED MY PROPERTY
Oct. 9, 2018
THE TENANT DAMAGED THE PROPERTY NOW WHAT?
I get this question often and just this week I was in court for on a Claim for Damages.
There are two ways in which a landlord can recover against the tenant for damages. If the landlord is holding a security deposit then they may send the tenant a Notice of Claim to the Security Deposit and/or File a Damages Claim against the tenant.
If the landlord is holding a security deposit then they can apply the security deposit towards damages. It is very important that the landlord follow the statutory requirement and properly notify the tenant of the Notice of Claim for Security Deposit. If the landlord is not making a claim they must return the deposit within 15 days to the tenant. If the landlord is making a claim they must notify the tenant within 30 days of the claim on the deposit.
Should the deposit not be sufficient to cover the damages to the premises then the landlord can file an action against the tenant for unpaid rent, damages to the property, court costs, and attorney’s fees.