A major takeaway landlord can sue damages that exceed the bond if the damages exceed normal wear and tear. Tenants can protect themselves by documenting the condition of the property, understanding the lease, communicating in writing, and returning the unit in good condition. Normal wear and tears are natural degradation from normal use, but damage can be attributed to neglect, abuse, or carelessness.
Yes, the landlord can sue the damages beyond the deposit. Security deposits are intended to cover typical damage beyond normal wear and tears, but may not always be sufficient to address more important issues. Whether you’re renting an apartment in Austin or a home in San Diego, continue reading this Redfin article to learn about damages and security deposits.
When can a landlord sue more than a security deposit?
If the cost of damages exceeds the deposit amount, the landlord can sue him or her as much as the deposit. This occurs when the damage caused by the tenant exceeds what is considered normal wear. For example, if the tenant causes serious damage, such as a large hole in the wall that requires large drywall repair and reinsertion. Another example is that if there is significant pet damage, such as a stained carpet or a chewed baseboard, repair costs can easily exceed the initial security deposit. In these scenarios, the landlord can pursue legal action to recover additional costs incurred in order to restore the property to its original terms.
What legal options do landlords have?
Landlords have several legal measures to pursue additional coverage beyond their deposit.
Small Claims Court: For small amounts, the landlord can file a lawsuit in the Small Claims Court. This process is generally simpler and cheaper than traditional civil courts. Civil Court: For large quantities exceeding the limits of small claims courts, landlords can file suits in higher civil courts. This often requires legal representation. Debt Collection Agency: In some cases, the landlord may use the Debt Collection Agency to collect unpaid rent or damages if direct negotiations fail.
What would you do if your landlord sued you?
If the landlord decides to sue damages beyond the deposit, you will receive a formal notice of a lawsuit, often called a summon, and outlines the landlord’s claim. Tenants will need to appear in court to present the side of the case. It is important to gather evidence that supports your position, such as moving in checklists, photos, and communication with your landlord. If the court supports the landlord, you may be ordered to pay additional damages. Failure to pay can lead to further legal action, such as wage ornaments and property liens.
How can I protect myself?
As a tenant, you can take steps to minimize the risk of a dispute and protect yourself from being sued for damages other than security deposits. We do a thorough occupancy inspection, take photos and videos of the property’s condition before moving, document everything, and do the same as moving. This provides clear evidence of the property’s state.
Read the contract carefully to understand the lease and understand your responsibility for maintenance, repairs, and evacuation procedures. Keep a record of all communications and communicate with your landlord by addressing maintenance issues promptly and in writing. Finally, to avoid excessive cleaning or deductions for minor damages, you will restore your property to good condition by thoroughly cleaning and dealing with minor repairs before moving.
FAQ:
What is normal wear?
Normal wear refers to the natural deterioration of properties that occur in normal use over time. Examples include minor wall scratches, faded paint, or worn carpet. It does not include damages caused by negligence, abuse or carelessness.
Can the landlord maintain my entire deposit?
The landlord may maintain all or part of the deposit to cover repairs for damages beyond normal wear and tear.
What should I do if I do not agree to the landlord’s claim for damages?
If you disagree with the landlord’s claim, you must first try to negotiate directly. Speaking directly can resolve the issue without escalating to the court. If that fails, you can send a formal letter challenging the charges and consider legal action or mediation if necessary.
