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When might property damage warrant an eviction?

On Behalf of | Oct 14, 2024 | Landlord And Tenant Law |

People who own real property may decide to rent it out to others to monetize their resources. In theory, a residential rental agreement is beneficial for both the landlord and the tenant. The tenant obtains stable housing with minimal maintenance obligations. The landlord receives regular revenue.

Unfortunately, rental arrangements are fraught with tensions caused by differing values and priorities. Property owners may worry about the condition of the building, while tenants may care far less because they don’t have to worry about repair costs or depreciation in property value. Sometimes, landlords become aware of damage to a residential rental unit mid-lease which makes them want to remove a tenant from the property.

When is an eviction an appropriate response to a tenant causing damage to a unit?

When the damage is costly and beyond wear and tear

Landlords generally have to absorb the maintenance and repair costs associated with normal wear and tear. Carpet becomes less plush half over time, and appliances age and eventually fail. Landlords usually can’t hold tenants accountable for those types of property damage.

However, tenants might break windows, punch holes in drywall or burn holes in the carpet by leaving candles or incense unattended. Particularly in situations where a landlord can easily tell that the property damage is likely to amount to more expenses than they can recoup just by making a claim against the security deposit, an eviction based on the damage caused to the property might be an option.

When the damage represents a lease violation

Landlords know that certain tenant behavior can increase the risk of costly damages. Leases typically include certain restrictions on tenant behaviors. It is common for landlords to prohibit tenants from smoking in a unit or from having pets. When the property damage is clearly the result of the tenant doing something that violates their lease, the landlord can remove them from the property for breaching the rental agreement.

Evictions involving property damage can easily become complex because they may also require claims for compensation. Resolving property damage issues and holding a tenant accountable can be a difficult process. Landlords often need assistance during evictions and when seeking to retain part or all of a security deposit to cover repair costs. Seeking legal guidance is a good way to get started.

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