Paying Damages During A Current Lease
We have a tenants that damage the property during the lease.
Local magistrates say we cannot charge for damages until the person moves out, even if our lease specifically says that we can.
95% of the time, damages are more than what the security deposit are and we never recover what is owed.
What are your thoughts?
Can you discuss this damage with the tenants? (Should I assume "no," since "local magistrates" are already involved?)
In a situation like this I might document the damage with photos, and insert the photos into a letter saying, in effect, you have damaged the property [see photos] and the cost of repairing this damage [see estimate] will be deducted from your original "security deposit."
You might leave it at that, in your letter. Copy the letter (and note that it has been copied) to any partners or attorneys you work with.
OR, you could also state in the letter that "at this time" we have decided not to renew your current lease when it is up next [month], and we will consider this notice your 60-day notice to vacate the property at the conclusion of the current lease term. Or something to that effect.
If you can avoid all that and work something out with the tenants, that of course would be much better. You might get the damage repaired and salvage a paying tenant.
Let us know what happens.
MC
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