Can you sue tenant damages

You probably already know that you, as a landlord, can sue a tenant for damages. In an ideal world, you would notice damages before releasing the security deposit so that you could recoup them immediately. While you can still sue a tenant for damages after they move off of your property and you release the security deposit, there is a limit to how long you can wait to do so. Our guide will answer the most important question how long does a landlord have to sue for damages?

There is a lot of different information thrown around online about how long this period is. While some say you only have 30 days, others believe you have up to six years. So, what is the real answer? It is commonly accepted that you have up to four or even six years to pursue the cost of damages so long as you have proof of the damages and records of the repair costs.

Even though you have this long to sue for damages, it is better to seek repayment earlier rather than later to ensure that you can track down the tenant while you still have a credible case. Some tenants falsely believe that they must be given written notice of damages within 21 days of moving out, but that is not true. The only thing related to damages that must be sent out within one month is any damage costs that are being withheld from their security deposit, as this deposit must be released within one month of moving out of a property.

First, tenants are not responsible for any normal wear and tear. This means that old paint, flooring, or other commonly used fixtures are not their responsibility to keep up or maintain. If these are the only damages, you do not have a case against the tenant as they are your responsibility, not theirs.

If, however, there are evident damages done to the property while a tenant is living there such as holes in the wall or burns, the tenant can be held liable.

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Prepare a Move-Out Letter To reduce the possibility of disputes over security deposits, write a move-out letter to tenants who have given you notice that they are ending the tenancy.

Your move-out letter should: tell the tenant how you expect the unit to be left be specific about cleaning things like floors, appliances, and window coverings explain your final inspection procedures list the kind of deductions you may legally make unpaid rent and necessary cleaning and repairs, outside of " ordinary wear and tear " , consulting your state law for specific guidance remind the tenant to return keys and provide a forwarding address, and state when and how you will send any refund that is due.

Inspect the Rental Unit Landlords must offer tenants the right to a pre-move out inspection, which should happen no sooner than one week before the tenant leaves, nor later than two weeks before. Prepare an Itemized Statement of Deductions Once the tenant has completely moved out and you've inspected the premises, prepare an itemized list of deductions for cleaning, repairs, back rent, or other financial obligations required under your lease or rental agreement. If a Tenant Sues You for the Deposit in New York Civil Court No matter how carefully you followed New York security deposit laws , and properly account to your tenants for their deposits, you may be sued by a tenant who disagrees with your deductions, or claims that you failed to return the deposit when and how required.

When a Tenant May Sue Over a Security Deposit Dispute Before going to court, your tenant will most likely email, write, or call you demanding that you refund more than you did or fix some other problem involving the deposit. Preparing for a Small Claims Court Hearing If the tenant sues you, the court will officially notify you of the date, time, and place of the small claims court hearing.

Defending Yourself in Court Small claims courts are informal places, but you may want to consider watching a few cases a few days before your court date, so you know what to expect. If your demand letter does not produce results, ask yourself the following questions before going to court: Do I have a strong case and substantial evidence to win?

Can I locate the former tenant? Can I collect a judgment if I do win? If the answer to any of these questions is no, think twice before filing suit. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

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