2 Rights You Should Know When a Tenant Damages Property

We often see news reports on social media where landlords reveal that tenants have left behind damage, unusually dirty conditions, or accumulated excessive garbage. Beyond sympathizing with the landlords, this article will examine their legal rights.

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Civil Rights of the Landlord

Seriously, when a tenant damages the rented property, the landlord has the right to sue for civil damages. The tenant is liable for property damage, meaning they must compensate for the damage, dirt, and deterioration of the property, as well as the costs of cleaning and restoring the property to its original condition.

However, civil litigation can be ineffective. Even if the case is won, the landlord can only seize the tenant's assets, which may or may not exist.

Enforcement of a judgment falls on the winning plaintiff, who must locate the losing defendant's assets and notify the Department of Legal Execution to seize and auction off the assets (if they are monetary or monetary rights, such as the right to receive payments) and use the proceeds to pay the debt. (If it's other property, such as land)

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Criminal Rights of the Landlord

A seemingly better option for the landlord is to pursue criminal charges for property damage if it can be proven that the tenant intentionally damaged the rented property, and not merely used it carelessly.

For example, if the property shows signs of vandalism not caused by normal use, and there is evidence indicating intent to damage the property, the landlord can file criminal charges against the tenant.

However, this must be done by filing a complaint with the police or filing a lawsuit in court within 3 months of the date the offense was discovered (which is the date the damage was observed).

But if there is no fairly conclusive evidence that the tenant intentionally damaged the property, it is strongly inadvisable to pursue criminal charges for property damage, as it could lead to charges of filing a false report or false accusation.

Purchasing criminal charges, if there is sufficient evidence, is likely the better option, as the tenant risks losing their freedom or, if sentenced, will have a criminal record if the court finds them guilty.

Therefore, it is a more effective way to pressure the tenant to compensate for the damages.

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Preventive Measures for the Landlord

A better approach than pursuing civil and criminal charges is prevention. Landlords should include a clause in the lease agreement stating their right to periodically inspect the leased premises.

If the tenant breaches the contract, the landlord has the right to terminate the contract, repossess the premises, and immediately cut off water and electricity.

The landlord should use this right to inspect the premises to ensure they are in good condition. If they are found to be unsanitary, dirty, or damaged, the landlord must notify the tenant to rectify the situation. If the tenant fails to do so, the landlord can then terminate the contract early on.

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Thank you for the helpful information from DD-Property.