Responding to Tenant Property Damage While Protecting Against Retaliatory Claims

Property damage is one of the most common issues landlords face. Whether it happens intentionally or through general negligence, property damage is frustrating. However, if you act too quickly or without the necessary documentation, you risk being accused of retaliation.

As a South Carolina landlord, there are steps you can take to protect your investment while still protecting yourself from retaliation claims. Confused about your rights and legal options? Call Crawford & von Keller at 803-790-2626 to explore your legal options now.

Understanding Tenant Property Damage

Not all property damage is created equal. Some damage is unavoidable—wear and tear is not something that landlords can charge tenants for, and it includes things like faded paint, worn carpet, and loose doorknobs. These types of damage occur without any recklessness or malice on the part of the tenant.

However, landlords can seek compensation for other forms of damage, such as broken appliances, pet urine and feces, holes in walls, unauthorized alterations, and damage caused by cigarette smoke. It’s important for landlords to distinguish between damage that they should expect from every tenant (and that the courts will not compensate them for) and preventable damage that tenants should be held responsible for.

Documenting Damage Immediately

When damage is discovered, documentation must be your first step. Photographs, videos, and your own written notes can serve as valuable evidence. This is why it’s so important to do a move-in inspection for every tenant. If your tenant damages something, it’s all too easy for them to claim that the property looked like that when they took possession of it. A move-in inspection documents all damage and is signed off on by both parties, making it easier to hold tenants accountable for damage.

If the needed repairs are significant enough that you need to bring in outside help, securing estimates from contractors can help you prove the extent of the damage.

Reviewing Your Lease

Having a well-drafted lease can protect you when your tenants cause damage to your property. You must revisit your lease before you reach out to the tenant and take further action. Check the lease for a tenant’s responsibilities for maintenance, restrictions on alterations to the property, and liability for damages caused by negligence or misconduct. If the damage falls within the provisions listed in the lease, you’re in a much stronger place to request compensation without being accused of retaliating against the tenant or singling them out.

Communicating With the Tenant

Open communication may be enough to stop a dispute from turning into a full-blown legal issue. Notify the tenant of the damage in writing, including the evidence that you have supporting your claim. Outline your expectations for repair or reimbursement. Keep all emotion out of the conversation—this isn’t a personal matter, it is business. Staying professional and respectful by sticking to the facts is better than accusing the tenant of taking advantage of you, saying that they disrespected your property and you, or demanding immediate payment. If you keep the conversation constructive, you’re in a stronger position if the matter does require legal action.

Guarding Against Retaliatory Claims

South Carolina law prohibits landlords from retaliating against tenants who engage in protected activities, such as reporting unsafe conditions, requesting repairs, or informing the landlord of a legal violation. Retaliatory actions may include increasing rent excessively, decreasing essential services, or bringing an action for possession. If a tenant has engaged in protected activities and then damages the property, you must proceed with caution. If you do not have documentation of the damage or the damage is considered wear and tear, demanding reimbursement for repairs may be considered retaliation. Be prepared to show that your claims stem from documented damage, not retaliation.

Choose Crawford & von Keller for Your Legal Needs

Our team of landlord-tenant dispute attorneys can help you if a tenant has damaged your property or accused you of retaliation. Plan your next steps during a consultation. Call us at 803-790-2626 or reach out online now.