How Much Can a Landlord Charge for Damages?

If you want your rental business to thrive, it’s crucial to find tenants who will take good care of your property throughout their lease. Unfortunately, there may be times when you come across parts of your rental that are in worse condition than when your tenant first moved in.

That’s why it’s vital to understand how much you can charge tenants for any damages they cause. We’ve got you covered with all the essential information on charging tenants for damage to your rental property. So, let’s dive in and make sure you’re in the know!

What Is the Most a Landlord Can Charge for Property Damage?

The amount landlords can charge tenants for property damage varies from state to state, so it’s a bit of a mixed bag. But here’s the deal: in your state, the amount should be reasonable and clearly spelled out in the lease agreement.

Usually, landlords dip into the security deposit to cover repair costs, but if you decide not to do that, you might be able to slap tenants with some property damage-related fees. Either way, you gotta know your local landlord-tenant laws about security deposits and find out if you’re allowed to charge those extra fees.

Oh, and don’t forget to back up the amount you’re deducting from the security deposit. Just whip up a security deposit return letter, where you break down the deductions and give a solid explanation for each one. It’s all about making things crystal clear, my friend.

Property Damage vs. Normal Wear and Tear

Once you’ve got all your findings properly documented, it’s time to distinguish between property damage and normal wear and tear. Property damage refers to any harm caused to the unit due to tenant neglect or abuse.

Let’s break it down with a few examples of property damage:

1. Unauthorized alterations like new paint or wallpaper.
2. Those pesky large holes in the walls.
3. Scratches on the kitchen counters.
4. Appliances that have been damaged due to misuse.
5. Scratches or urine stains left behind by furry friends.

On the other hand, normal wear and tear is the natural deterioration that occurs in a rental unit over time. Here are a few examples of what falls under normal wear and tear:

1. Faded paint, as it happens over time.
2. Wallpaper that has come a bit loose.
3. Wear patterns on carpets from regular foot traffic.
4. Dents on walls caused by door handles.
5. Cracked light switch plates that come with normal use.

To ensure you’re on the right track, it’s essential to familiarize yourself with the local landlord-tenant laws, especially those that outline the differences between property damage and normal wear and tear. This will help you avoid mistakenly charging tenants for ordinary wear and tear situations.

How to Determine Damage Costs

Another crucial aspect to consider is determining the appropriate amount to charge for property damage. While you want to ensure the cost is fair, creating a standardized list of repair costs can be quite tricky. Here are a few factors to take into account when deciding how much to charge for damages:

1. Age of the item: The repair cost for a brand new item may be higher compared to something that has been in the property for several years.
2. Original cost: Understanding the initial purchase price of an item can provide insight into the estimated repair costs.
3. Repair or replacement: In some cases, the damage may be severe enough to require complete replacement rather than repair. Consider the possibility of irreparable damage when determining the charges.
4. Time and expertise required: While minor repairs may be manageable, certain tasks may demand a significant amount of time or the assistance of a professional contractor.

When it comes to presenting charges for damages, you have a couple of options. Some landlords prefer to disclose the charges at the end of the tenant’s stay, providing a final breakdown of costs. On the other hand, others opt to provide a tenant charge list at the beginning of the tenancy. This list outlines different types of damage along with estimated repair costs. By having tenants sign this list, they are made aware of their responsibilities, reducing the likelihood of disputes arising. However, keep in mind that unexpected repair costs can arise, which may pose a challenge if they exceed the initial estimates.

Ultimately, it’s your call on when to present the charges to the tenant, based on what works best for you and your rental business.

How to Inform Tenants of Property Damage

Let’s face it, discussing the withholding of a portion or the entire security deposit with your tenant can be an uncomfortable situation for everyone involved. That’s why it’s crucial to maintain clear communication and keep them informed throughout the entire process. As a landlord, you can achieve this by following these steps before, during, and after the tenancy:

1. Before Move-In To cover all your bases, make sure your lease agreement includes all the necessary information. This helps set clear expectations for both you and the tenant, reducing the chances of surprises. Research the local laws and ordinances, and include clauses in the lease agreement regarding:

• Security deposits
• Rental property walk-throughs
• Differentiating normal wear and tear from property damage
• Tenant responsibilities for maintenance

If you’re struggling with writing the lease, you can access lawyer-reviewed lease agreement templates through an Avail account. These templates not only meet state disclosure requirements but also allow you to customize them with specific clauses and rules for your rental property.

2. During the Tenancy Throughout the tenant’s stay, make sure you stay on top of regular maintenance tasks you’ve agreed to handle. Ignoring maintenance requests can make it difficult to charge tenants for any resulting damage. Addressing these requests promptly also helps you determine whether the issue is related to normal wear and tear or actual property damage.

If you want to streamline the process of managing maintenance requests and keep a record of repairs and associated costs, Avail offers a maintenance tracking feature. It allows tenants to submit requests online, share photos, and communicate with landlords through the app. You can also document how and when the issue was resolved, as well as assign an expense amount to each ticket for future reference.

3. Moving Out During the move-out phase, conduct a thorough inspection with your tenant to identify any unexpected damages. This is an opportune time to make note of any issues for which you may need to withhold funds from the security deposit.

Once you’ve identified the damages, it’s a good practice to provide the tenant with a list of deductions along with the refunded portion of the security deposit. This helps ensure transparency and clarity regarding any withheld funds.

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

Pet Ownership: Rental Risks

When you come home, your pet is always thrilled to see you, and they make the best company for TV binging or taking a stroll. But things can get a bit tricky when you’re renting and want to be a pet parent.

If your lease doesn’t allow pets, you might think about sneaking in a furry buddy, especially if your landlord rarely shows up. It seems tempting, right?

But here’s the deal: keeping a pet without your landlord’s approval can land you in serious trouble. If your little friend ends up damaging the rental property, you’ll be the one footing the bill for repairs. And if your pet causes any trouble for other tenants or even random folks, you might be stuck with the costs and legal fees. So, better play it safe and get the go-ahead from your landlord.

Fines

So, here’s the deal: sneaking in a pet without your landlord’s approval can sometimes land you in hot water. They might hit you with some fines, and guess what? These fines usually apply to each and every furry friend you bring in. Now, some landlords might have a fixed fine amount, but there are others who can try to charge you for every single day your pet lives in the rental.

But here’s the catch: if you want your landlord to charge you fines, they gotta include all the nitty-gritty details in the lease. If they demand an amount that isn’t clearly mentioned in that fancy document, you could potentially file a case in civil court and try to get your costs back. Just keep in mind, though, that the court won’t be able to grant you the green light to keep your pet legally. So, tread carefully!

Pet removal

If your lease explicitly states a no-pet policy and you decide to bring a furry companion into the picture, your landlord has every legal right to request the removal of the animal from the property. If you’re determined to keep your pet, it means you’ll have to consider moving out.

However, moving out during an active lease can be a bit tricky. You’ll likely have to break the lease, which could result in hefty penalties, find someone to sublet your rental, or negotiate an agreement with your landlord to terminate the lease agreement ahead of schedule. It’s a tough situation, but exploring these options might be necessary if you want to hold onto your pet.

Eviction

The good news is that many landlords are open to working things out with their tenants, even if the lease is broken due to a pet situation. However, it’s important to note that not all landlords will be as understanding. If you’re caught sneaking in a pet, your landlord might exercise their right to evict you.

Facing eviction can have some serious consequences. Your landlord may take legal action to sue you for the remaining lease payments. Recovering from an eviction can be challenging. It can tarnish your rental history, making it harder to find future landlords who are willing to rent to you. So, it’s crucial to consider the potential long-term impact before taking any risks with your pet and your lease agreement.

Adding a pet the right way

I get it, sneaking in a pet may seem like an easy way out, but let me tell you, there’s a more straightforward and better solution: just ask your landlord. Believe it or not, many landlords are actually open to the idea of having pets, especially if you’ve been a responsible and reliable tenant.

If your landlord gives the green light, it’s essential to get everything in writing. Request your landlord to include a pet clause in your lease agreement, specifying important details like the breed, weight, and any deposits or pet-related payments required to cover potential damages.

Honesty is always the best policy, so it’s better to have an upfront conversation with your landlord about your current or future furry friends.

Now, if you want to avoid any hassle altogether, you can actively search for rental properties that explicitly allow pets. It saves you time and ensures a pet-friendly living environment right from the start.

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

Pet Addendums: What Landlords Should Know

With approximately 90% of tenants being pet owners, it becomes crucial to incorporate a pet addendum (or pet policy) into your lease agreement, outlining specific regulations pertaining to pets, particularly emotional support animals (ESA) and service animals.

This article aims to offer a comprehensive introduction to pet addendums and offers valuable insights for landlords on safeguarding their rental properties while accommodating pets.

What Is a Pet Addendum?

A pet addendum is a legally binding document that delineates a landlord’s stipulations and requirements regarding the presence of pets, emotional support animals (ESA), and service animals on the rental property. While many lease agreements already incorporate clauses related to pets, if such clauses are absent, a pet addendum can be utilized to formally introduce new provisions to an existing lease or to modify and update an existing lease through a lease amendment.

Typically, a pet addendum includes the following essential details:

1. Date of the original lease amendment or modification.
2. Property address where the pet will be allowed to reside.
3. Landlord’s contact information.
4. Tenant’s name and relevant information.
5. Comprehensive pet information, encompassing the name, breed, size, gender, age, and weight of the pet.
6. Specified pet-related fees to be borne by the tenant, such as pet rent or deposit.
7. Signatures of all parties involved.

Why Rental Agreements Should Include Pet Addendums

If you’re okay with tenants having pets, make sure you have a document that’s legally binding. This document should explain the rules tenants need to follow, any restrictions on pet breeds and sizes (if there are any), and the costs or fees the tenant needs to pay for having a pet.

Even if you don’t allow pets, it’s still important to have a section in your rental agreement that talks about pets. This section should make it clear what will happen if tenants bring in unauthorized pets and what documents they need to provide if they have emotional support animals (ESA) or service animals.

What Could Happen If You Don’t Cover All Types of Pets in a Lease?

Not including a pet clause or addendum in your lease agreement can cause problems. You might struggle to enforce your rules, charge the right pet fees, and end up responsible for pet-related property damage. If you don’t address emotional support animals (ESA) and service animals in your lease, you could violate renters’ rights and get into legal trouble.

Here’s a real-life example: Riley Adams, an accountant, had a tenant who registered her animal as a support dog, but it went against his lease terms. To avoid legal action, he had to change the lease to allow qualified service animals with proper paperwork. By doing this, he resolved the situation peacefully. But it’s important to think about ESA and service animals when making pet rules to avoid similar problems.

3 Ways to Cover Pets in Your Lease Agreement

Three Legal Documents for Addressing Pets in Your Lease Agreement

1. New Lease Agreement: If you’re starting fresh with a new lease agreement, consider using an Avail lease agreement. These agreements are reviewed by lawyers, tailored to specific states, and contain local requirements and a pet clause.
2. Pet Addendum to Rental Lease: If your existing lease already includes a pet policy but requires additional terms that were not initially covered, a pet addendum can be used. This document allows you to add new provisions to the existing lease agreement.
3. Pet Amendment to Rental Lease: In situations where you need to modify an existing pet policy, similar to Riley’s experience, a pet amendment is the appropriate document. It allows you to alter specific sections of the agreement related to pets, accommodating changes or updates as necessary.

Can Pet Addendums Exclude Emotional Support Animals?

Differences exist between how emotional support animals and service animals are treated across states, with varying legal protections in place. However, under the Federal Fair Housing Act (FHA), landlords are prohibited from rejecting tenants who have a mental or physical disability and possess a service animal or ESA. Even if pets are generally not allowed on the property, landlords are required to make “reasonable accommodations” to accommodate these individuals.

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!