Renting a residential unit to new tenants isn’t just a source of income. It is also a risk. Landlords never really know what a tenant intends to do once they assume occupancy of a property. In some cases, they may cause extensive damage to the property.
Behaviors ranging from smoking inside to keeping pets without permission can cause costly damage to a previously pristine rental unit. Tenants can put holes in walls, stain ceilings with smoke and cause water damage through negligence while living in a rental unit. Sometimes, landlords regain possession of a rental property and discover substantial damage that requires professional repairs.
How can New Jersey landlords hold destructive previous tenants possible for the damage they’ve caused to a rental home?
Documenting everything carefully
Protecting the unit actually begins when the tenant first assumes possession. The landlord and the tenant typically need to create thorough inventories exploring the condition of the property and noting any pre-existing.
Inventory documents play a crucial role when assessing the condition of the property later. The landlord can theoretically hold the tenant accountable for any damage beyond basic wear and tear that occurred during their time at the unit. Documenting the damage with photographs and obtaining repair quotes from professionals helps the landlord prove that they require compensation from the tenant.
Providing formal notice
New Jersey has numerous strict regulations that apply to security deposits. For example, landlords typically cannot demand a deposit that is more than 150% of the monthly rent. If the landlord wants to retain any of that security deposit, they must provide an inventory of the damages to the property to the tenant at their new address along with an estimate for the costs to repair the damage.
The tenant then has an opportunity to respond to those claims. Typically, the landlord can deduct the cost of repairing the unit from the security deposit before returning any remaining balance to the tenant. In cases where tenants cause severe, costly damage to the unit, the landlord may need to consider taking legal action.
A civil lawsuit can lead to better compensation in cases where tenants cause thousands of dollars in damage during their time at a property. Landlords who are careful about documenting property conditions and learn about state law can improve their chances of successfully recouping the cost of repairing a unit.
Holding tenants accountable can take weeks, if not months, depending on the extent of the damage they caused during their tenancy. Landlords may need help navigating the legal processes involved in retaining a security deposit and pursuing litigation, and that’s okay.