Real Estate Tips |7 min read

What Happens If You Damage a Rental Property?

As tenants, you have a responsibility to care for the property that you rent. For instance, typically, you’re expected to sweep the floor, throw the garbage away, and mow your lawn (if applicable). When you rent, there might be some scratches on the floor, faded wall paint, and carpet wear. Some wear and tear is normal. However, excessive property damage that is way beyond what is considered normal wear and tear is not. So, what happens if you damage a rental property? Continue reading to find out!

3 Key Takeaways

  • Tenants carry the responsibility when they caused damage to a rental – accidentally, intentionally, or by negligence.
  • If you damaged a rental property, document it thoroughly with photos and videos, and notify your landlord or property manager right away.
  • Take proactive steps to prevent property damage to minimize the need for fixes and repairs.

A long, vertical crack on a white wall, with green foliage in the background, indicating structural damage or foundation issues.What Happens When You Damaged a Rental Property?

Before we go any further, the first thing that you need to understand is the nature of tenant and landlord responsibilities when it comes to property damages and repairs. In our experience with San Antonio property management, we find that this is a common point of confusion and contention. So, it’s essential that we clarify this right away.

First, there is a huge difference between normal wear and tear in a rental property and outright property damage. When we say normal, think of faded paint, loose wallpaper, and worn carpet due to foot traffic. Little things like this tend to happen as a natural consequence of you using the unit for a prolonged amount of time. So, landlords expect it as part and parcel of renting, and they can’t hold it against you.

However, that’s not the case when you caused damage to a rental property. Texas Property Code 92.052(b) states that the landlord’s responsibility over repairs does not apply to damages caused by the tenant or their guest. So, if you happen to break a window, punch a hole in the wall, gouge the hardwood flooring, or something along those lines, it’s your responsibility unless your lease states otherwise. This is regardless of whether it’s intentional, an accident, or due to negligence.

Now, let’s say that you damaged a rental property in a way that needs to be fixed urgently. We recommend you handle it like this:

  1. Take photos and videos to document what exactly happened immediately after it happens. This is essential if you have a dispute with your landlord later on.
  2. Let your landlord or property manager know about the damage. You should communicate this as soon as possible, since your landlord could hold you responsible for letting the issue fester unchecked. Also, remember, in Texas you must do this in writing to preserve your legal remedies for this issue.
  3. The landlord or property manager will assess the damage. Within a reasonable time, they will either have the property maintenance staff or an external contractor inspect the damage and provide a quote for the repair cost.

Since you caused damage to a rental, you likely will shoulder the full cost of the repair. Generally, landlords must take this out from the security deposit you made upon moving in. However, for repairs that exceed the amount of the security deposit, your landlord will ask you to cover the remaining cost out of pocket.

Fixing Damage Before You Move Out

But what about when you caused damage to a rental that isn’t as major or as urgent?  As a tenant, you have several options.

First, you can do the minor repairs yourself. If we’re talking about nail holes or minor scuffs, DIY is the most cost-effective option, as long as you can make sure that you can do it properly.

If you’re not so confident in your skills, you can also have someone else who is more capable do it for you. You can get a professional contractor to do more technical repairs. Otherwise, you might have to pay more if you do it yourself, and then your landlord has to redo them.

If you choose the above options, you absolutely must be sure to ask your landlord for permission first in writing. After all, you will be altering their property in some way.

Shattered Glass: A High-Depth-of-Field Image of a Broken Window PaneLastly, you can also leave the property as is and let your landlord work on the minor repairs, such as the screw holes on the wall.

We highly suggest doing a quick pre-move-out walkthrough and inspection of the rental property with your landlord so they can specifically identify what needs fixing and avoid disputes.

Tips to Prevent Damage During Your Lease

While knowing what happens if you damage a rental property is beneficial, it’s even better to find ways to NOT damage anything throughout your stay. With that, here are some practical tips that can help you avoid or minimize damage when renting:

  • Clarify modification rules and limitations with your landlord. If you’re not allowed to drill holes, use adhesive hooks instead.
  • Apply furniture pads to prevent scuffs and scratches on the floor and walls.
  • Conduct regular inspections throughout the property to identify minor issues and address them promptly.
  • Report any signs of leaking immediately to prevent mold buildup and water damage.
  • Ask for your landlord’s approval first before making any modifications to the property.

What If You Disagree with the Landlord About Being Responsible for the Damages?

You can start by reviewing your lease agreement to understand their responsibilities and the landlord’s obligations regarding maintenance and repairs. Then, you should gather the evidence that you’re not responsible for the damages. For example, you should bring out photos or videos of the property’s condition at move-in and move-out, move-in checklists, and any communication with your landlord about existing damage.

Then, it’s time to make a written letter and send it via certified mail. Here, you should formally dispute the charges and outline why you disagree with them. Be sure to present the evidence you’ve gathered. If you still don’t reach a resolution, you may want to consider mediation, small claims court, or seeking assistance from a tenant’s rights organization, depending on the local laws and the amount you’re disputing.

Landlord crouches to take pictures of broken tiles on the floor of a well lit living room, capturing the damage for record keeping or repairs.What if I Disagree About How Much I Owe for Repairs?

First, ask your landlord for an itemized list of the repair cost. This should include the materials needed and labor costs. Also, a qualified professional should conduct the assessment.

Then, give your counterargument by providing documentation that supports your case. You can submit pictures and videos of the damage and hire a contractor to conduct a separate assessment that shows the difference between the landlord’s estimation and yours. Ideally, you can settle the dispute with your landlord before things escalate and gets to court.

If you and your landlord cannot reach an agreement, then it’s time to file an official complaint with the Texas Justice of the Peace Court and take legal action. In any case, it is best to consult with a local attorney for guidance and advice regarding repair disputes and your rights as a tenant.

How Bay Property Management Can Help

Tenant damage in rental properties happen. Regardless of whether you damaged a rental property accidentally or otherwise, what’s important is you take steps toward addressing the damage accordingly. To do so, it’s crucial that you know what exactly qualifies as property damage and those that is generally considered as normal wear and tear in a rental property. Aside from that, knowing about fixing repairs and communicating your repair needs can help prevent disputes later on.

If you don’t want to trouble yourself with extensive repair request procedures, we at Bay Property Management can help. One of the biggest advantages of renting with home rental companies like us is that we follow professional rental industry best practices when it comes to rental property inspections, repairs, and deposit deductions. Even better, we have top-of-the-line tenant portals to streamline communications between you, your landlord, and maintenance staff. This way, you can have a more streamlined experience. Look at our listings to get started!

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