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Damage to property exceeding security deposit

cmontminy

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When damages to the property exceeds the amount of the security deposit what can a landlord do?
 

Sherilynn

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Depends on where the property is located. (If you want a more specific answer, you must ask a more specific question.)

If the tenant is reasonable and responsible, you may be able to speak with the tenant and work something out. I was able to do this when our tenant`s girlfriend`s dogs destroyed our carpet. About 6 months after he moved, he sent me a cheque for the remaining damages.

However, if the tenant is spiteful or irresponsible, then in many cases, doing anything is more trouble than it`s worth. Depending on where you are, you may need to take the tenant to court and prove the damages. And even if you receive a judgment, they can be extremely difficult to collect. If you do not have a forwarding address, you cannot serve legal documents. And if you do not have current employment or banking info, then you cannot enforce garnishment.

So try option 1 first. If that doesn`t work, then before you proceed further, consider the total cost of the damages, the possibility of proving the damages were caused by that tenancy, and the likelihood of collecting on a judgment.

Regards,
Sherilynn
 

cmontminy

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QUOTE (Sherilynn @ Apr 16 2010, 09:31 AM) Depends on where the property is located. (If you want a more specific answer, you must ask a more specific question.)

If the tenant is reasonable and responsible, you may be able to speak with the tenant and work something out. I was able to do this when our tenant`s girlfriend`s dogs destroyed our carpet. About 6 months after he moved, he sent me a cheque for the remaining damages.

However, if the tenant is spiteful or irresponsible, then in many cases, doing anything is more trouble than it`s worth. Depending on where you are, you may need to take the tenant to court and prove the damages. And even if you receive a judgment, they can be extremely difficult to collect. If you do not have a forwarding address, you cannot serve legal documents. And if you do not have current employment or banking info, then you cannot enforce garnishment.

So try option 1 first. If that doesn`t work, then before you proceed further, consider the total cost of the damages, the possibility of proving the damages were caused by that tenancy, and the likelihood of collecting on a judgment.

Regards,
Sherilynn


I`m in Alberta. I allowed the tenants to have a dog and lately I visited the property and I noticed the dog is completely destroying my backyard (lawn, trees, patio). The lease is ending in December 2010 and I`m afraid that in that time the damage will not show because of the snow cover. Should I take pictures of the damage now to document in case in need to go to court?
 

David90

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QUOTE (cmontminy @ Apr 16 2010, 11:44 AM) I`m in Alberta. I allowed the tenants to have a dog and lately I visited the property and I noticed the dog is completely destroying my backyard (lawn, trees, patio). The lease is ending in December 2010 and I`m afraid that in that time the damage will not show because of the snow cover. Should I take pictures of the damage now to document in case in need to go to court?


The good thing is they are still your tenant and you know where they are. Always take lots of pictures of any damages.

I would go diretly to them and talk to them about the damages the dog is causing. See is you can peacefully work something out for them to compensate you, or to repair the damages.

If the tenant is uncooperative, get 2 or 3 estimates to repair the damages and approach them again for compensation. If they do not cooperate you can always proceed to the RTDRS and seek a judgement. Then you can try to collect by garnishing wages, collection agency or siezure of property.

In the future decide whether or not you will accept pets again.

Best to luck to you.
 

Sherilynn

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Yes, take photos of all damages.

And you should absolutely request that the tenant fix the damages now. (If they refuse to fix the damages, then you may have bigger issues than just a dog.)

You may wish to draft a pet policy stating rules and expectations regarding pets, the resulting damages, and the requirements for repairs. Be sure that the pet policy states that it is to become Schedule A (or whatever letter is appropriate) of the Lease, and have the tenants sign it. After you all sign it and you give them a copy, it becomes part of the lease. If you ever need to take this issue to the RTDRS, you will want something in writing and signed by the tenant, trust me.

You should also give notice of entry to check out the inside of the property to "Inspect the state of repair of the premises." And take your camera with you.

Regards,
Sherilynn
 

cmontminy

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Thanks everyone for your inputs. In the future I will think twice before I allow tenants with pets.
 
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