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What Damages Can You Obtain if a Tenant Damages a Rental Unit?
Tenants have an obligation to avoid causing damage to a property beyond normal wear. When a tenant destroys a landlord’s property or causes problems with a rental home or rental unit, the landlord has to pay for repairs before the unit becomes rentable again. A landlord should not have to pay for these repairs out of his own pockets or out of his own profit. Instead, the landlord should be able to recover the funds for the damage from the tenant.
If a tenant damages a rental unit that you own, it is imperative that you understand your legal rights under Nevada’s landlord and tenant laws. You must ensure you take steps to protect yourself from financial loss caused by the problems the tenant has caused in the rental unit. Pintar Albiston, LLP provides legal representation to landlords in situations where property has been destroyed, where vandalism has occurred, or where tenants have caused landlords to suffer any type of financial loss. Our Las Vegas real estate lawyers can provide assistance using all appropriate legal avenues to ensure you are repaid for problems that the tenants cause to your unit.
What Damages Can a Landlord Obtain If a Tenant Damages a Rental Unit?
If a tenant damages a rental unit, the tenant can become responsible for paying for repairs of damaged property or for replacement of items that cannot be repaired. This should include the normal, customary cost of repairs back to the same condition. If a tenant damages a stove, for example, a landlord may pay a repairman to have the stove fixed. If the stove is not fixable for a reasonable cost, the landlord may purchase a stove of similar quality and cost and assess the tenant for that expense.
The landlord should expect some normal wear and tear on an apartment and should not try to assess a tenant the cost of updating an apartment when a lease term ends and a tenant moves out. An experienced Las Vegas real estate lawyer can provide assistance to landlords in making the determination of what is considered normal wear and tear and what a landlord may charge a tenant for. A landlord can also charge a tenant the reasonable cost of cleaning the premises.
In the majority of situations when a tenant damages a rental unit, the landlord will take the money needed to pay for the repairs from a tenant’s security deposit. If you are taking money out of a tenant’s security deposit, you need to ensure you are documenting the damage and the repairs that were made to the rental unit in case the tenant challenges the deductions that were made. You may also deduct the cost of unpaid rent from a tenant’s security deposit.
When a tenant damages a rental unit and the costs of repair exceed the money in the security deposit, you can file a lawsuit against the tenant. Pintar Albiston, LLP can provide you with legal representation if you wish to sue and can help you to make a compelling argument about why the tenant should be made to pay you damages. Give us a call today to schedule a consultation and learn.