How a Landlord Can Recover Loss Of Use Damages

A landlord can charge tenants for damage to rental units by taking money from their security deposit. The landlord can charge the security deposit if the tenant refuses to take responsibility.

Real Estate Attorneys in Southern California say that a landlord should inspect the unit before the next tenant moves in.

It is crucial to thoroughly assess the property before the scheduled move-in date of the incoming tenant, in order to be able to charge the previous tenant for damages. One can use a checklist to show that all fixtures and property were in good condition when the tenant moved in.

Learn about the rules for California security deposit returns

When returning security deposits, it is crucial to follow all state laws. Tenants must be informed in advance about any proposed deductions. Pre-moveout inspections are usually used to do this. This inspection is done when the tenant moves out. It should be clear how the deposit was used towards damage repair, back rent, or cleaning costs. This document should include any applicable exemptions and the interest requirements.

Prepare a Move Out letter

Tenants who have given notice of ending their tenancy can reduce disputes regarding security deposits by sending a move out notice.

Tell the tenant what you want from the unit. Specific about how you expect the unit to be cleaned, including appliances and window coverings.

Description of your final inspection procedure

Your state law may allow you to list the types and amounts of deductions (unpaid rent or cleaning, repairs and other than ordinary wear and tear).

Tell the tenant to return his keys and give a forwarding address.

Please specify when and how you will reimburse any money owed.

View the Rental Unit

After the tenant has moved out, you will need to inspect the rental property. After the tenant has moved out, you will need to inspect the rental property. This will enable you to compare the conditions at the end and beginning of each tenancy.

Take photos or videotape the rental unit to show that it was in good order before the tenant moved in.

You might give the tenant another chance at cleaning up or fixing any damage you found during your final inspection.

Create an itemized list of deductions

Once the tenant has left, go through the property and make an itemized list. Nolo can use this form to itemize the Security Deposit.

Tenant sues you for the deposit

Tenants may sue you if they disagree with your deductions, or claim that the deposit was not returned when requested. It is easy to file and no lawyers are required. It is easy to file and no lawyers are required. Tenants may sue California's small claims court for $10,000. A plaintiff cannot sue for more than $2,500 annually against local public entities or businesses.

To learn more about California's small claims rules and procedures, visit the California state courts website

Tenants may sue you to dispute a Security Deposit Dispute

A tenant may call, email, or write to you to ask for a refund or to address other issues.

You can be sued by the tenant if you fail to return your deposit within the 21-day deadline in California. You may lose your entire deposit or face severe penalties.

Settlement of a Potential Security-Deposit Lawsuit

Avoid going to court. The tenant will pay all the amount due you for the deposit.

If you are unable to reach a compromise, your tenant can sue you. However, it may take several years to get your case dismissed depending on your state's statute of limitations. Typically, the statute of limitations is less than one year. Photos of dirt and other damage should not be thrown away.

Preparing to Attend a Small Claims Court Hearing

A tenant may sue. The court will notify you by writing about the time, place, and date of the hearing.

Copy of your rental agreement or lease agreement signed by both you and the other.

All correspondence can be obtained in duplicate (e.g. You can get copies of all correspondence.

• All photos or videos, including those taken during move-in and move-out, that show the condition of your rental property at the start and/or end of the tenancy.
  
  
• You sent the tenant the security deposit itemization. It includes details about all deductions.
  
  
• Support to the itemization. Hours spent by you and your repair or cleaning staff on the unit. Receipts for cleaning services. Details about any rent-related deductions.
  
  
• A few witnesses or written statements by witnesses who were familiar with the rental unit can testify that the unit was in disarray after the tenant left.
  
  
• Any other information that might be relevant to your case.

Small Claims Court: How do you defend yourself

Even though small claims courts are informal in nature, it is a good idea to look at a few cases before going to court. With the right evidence, this will allow you to defend yourself effectively and persuasively.

Your tenant and you will both present your points of views. The judge either announces the decision in court, or sends it to you within days.

The deposit of the tenant must not be used to cover damages or unpaid rent

These courts are not only for tenants. If the security deposit doesn't cover the tenant's owing rent, cleaning, or repairs, you may file a small claims lawsuit against the former tenant.

Within the time limit set by the state, you must provide the tenant with an itemization. Even if money has not been sent, this is still required.

Send a demand note to the tenant asking for the amount of your claim. Attach a copy of your itemization detailing the way the tenant applied the security deposits to the charges. You will file a small claims court case if you cannot reach an agreement.

If your demand letter does not produce results, you should ask these questions before going to court.

• Do you have strong arguments and enough evidence to win?
  
  
• How can I locate the tenant who evicted my landlord?
  
  
• If I win, can I get a judgment?
  
  
• If you are not satisfied with the answers to these questions, do not sue.

To learn more about California's small claims rules and procedures, visit the California state courts website

Additional information about Security Deposits and Small Claims Court

The Nolo Small Claims court & Lawsuits Section contains a number of articles on small claims court. It also contains an overview of California's small-claims rules and procedures.

This section of Nolo Landlords & Rental Property contains dozens useful articles about property management, application for rental properties and preparing a lease.

Nolo's Every Landlord's Legal Guide explains how to deduct security deposits for unpaid rent, cleaning, repairs, handling tenant bankruptcy filings or being evicted, how to deal with cotenants deposits, how to draft a settlement agreement, collect a judgment in court if sued, and more.

A tenant must sign the Move In Inspection Checklist. This states that they are satisfied with the property's conditions.

Tea and normal wear are exempt from charges

Landlords can charge tenants for any damage caused, but not normal wear and tear. Abuse and neglect can cause damage.

• Wear and tear vs. damages
  
  
• Wear and Tear
  
  
• Loose doorknob
  
  
• Cabinet doors won't close completely
  
  
• You will need to re-caulk your shower
  
  
• Injuries
  
  
• Broken tiles
  
  
• Carpet stains
  
  
• Large holes in drywall
  
  

There are many things to consider when determining repair cost

It is difficult to calculate the cost of repairs for your property. Each repair should be inspected to determine the exact cost.

These are some things to think about.

• The item's age: Was the item brand new or has it been around for 10 years?
  
  
• Original price of the item: How much was it worth at that time? It was either a $200 smoke detector or a $500 vanity.
  
  
• Are you replacing the entire item or just the top?
  
  
• How long it takes to fix the bathroom floor.
  
  
• Repair is a job that requires special skills. Do you need another person, such as a licensed plumber or electrician?
  
  

Get Various Contractor Estimates

It is possible to get multiple estimates from contractors in order to repair a property that requires hiring a contractor.

It is possible to give a copy the contractor estimates to help the court and tenant understand how you came up the repair costs.

Websites such as HomeAdvisor can help you estimate the cost of living in your area. HomeWise lets you calculate material costs, installation and maintenance costs for your ZIP Code.

Copy receipts

Tenants must receive a copy of the receipt for materials and labor used to repair their property. Tenants must be given a reasonable estimate of how much it will cost.

Create an itemized list listing all damage

The tenant must receive a detailed report detailing the damage and costs to repair it. All receipts and estimates must also be included.

Send a notice to your tenant in writing stating the damage done, and the amount due. Include receipts and estimates of damages.

Standard Cleaning & Repairs List

Landlords often include a list of repair costs in their lease agreements. This list could be something like "Replacement Missing Smoke Detector 40" or "Replacement Broken Glass In Window: $150." This approach has pros and cons.

Pros

The advantage of a repair-cost listing is that tenants know the exact amount you will charge for each damage. It might be difficult for tenants to dispute the repair costs.

Cons

Repairs that are more complicated than expected may make it difficult to charge more. Tenants might be less concerned with cleaning up after moving out if you charge a small amount.

The bottom line

It is likely that you will have to clean up after tenants or repair any damage to your units. 

If you know the local California tenancy laws and are able calculate the cost to repair or replace damaged property for tenants, you can then fix the problem.