Tenants often violate the rules of tenancy – they neglect the property and the common area, spoil repairs and do not maintain order, make changes to the interior without approval, and do not report problems and breakdowns.
We understand how to be prepared for such a situation in advance and what to do if the damage to the property has already been done.
Be prepared in advance.
Rent an apartment according to the contract. You should not treat the documents formally, sign a sample contract from the Internet, or neglect completing the act of handing-over the apartment – you can attach photos of the condition of the house, interior, furniture and appliances at the handover.
Write down all important for you terms right away. For example, you should inform about force majeure situations – flooding, plumbing and radiator failure immediately, you should report the breakage of household appliances within a week, no smoking is allowed in the apartment, pets are not allowed.
It is important to understand and fix in the contract the order of payment for repairs. It is clear that if you break a glass table, the person who broke it buys a new one. It is more complicated with plumbing and its wear and tear, the failure of moving elements of furniture, breakage of machinery. Write down and discuss these points in advance.
It is also important to reflect in the contract the amount of the deposit amount and the order of compensation, compensation, penalties, early termination.
If you have valuables in the apartment – an antique chest of drawers, a unique rug, or a porcelain set – you should get them out of the apartment before you rent it. Firstly the tenants are unlikely to appreciate the presence of such things. Secondly you will not have to worry about their safety.
Also try to discuss domestic issues in correspondence, not over the phone. Written evidence, documents and photos will help if you have to go to court.
The tenant has caused damage and is ready to negotiate
The easiest situation is if the tenant has told you about the problem and is ready to solve it. Here it is important for you to objectively assess the financial costs, agree them with the tenant and attract professionals to carry out repairs.
If you are interested in maintaining a good relationship with your tenant, and the situation does not seem critical, try to be diplomatic, avoid negative emotions, get a refund and solve the problem.
The problem is reported by neighbors
It will be great if you know your neighbors and exchange phone numbers. That way, when you rent your apartment, your neighbors can let you know about sudden problems, complain about noisy behavior or untidy treatment of the common area.
First situation – neighbors complain to you about tenants: noise, smells or cigarette smoke, garbage in the entryway
Remain calm. Yes, it is an unpleasant complaint, but it must be dealt with consistently, listening to both sides. Talk to your neighbors and be sure to apologize for the inconvenience. Next, calmly discuss the situation with your tenant.
Tell about the complaint of your neighbors, ask not to cause inconvenience to the neighbors and politely inform them that you will have to reconsider the terms of the lease or cancel the agreement if the complaints will be repeated.
Second situation – neighbors have caused damage: flooding, breaking the common door, breaking or damaging something in the entryway
Damage to a neighbor’s or common area property will require compensation for damages. If the case goes to court, most often such claims for damages are brought against the owner of the apartment.
To avoid ruining your relationship with your neighbors, you can compensate them for the losses according to supporting documents or make repairs. Next – deal with the tenant.
For example, if the flooding was the tenant’s fault – he forgot to close the faucet or did not inform you that the washing machine was leaking, then you have the right to claim damages from him, including through the courts.
If the cause of the accident is a broken pipe, internal failure of the plumbing and its natural wear and tear, the owner of the apartment is responsible for what happened.
An expert opinion on the causes of the accident is given by the emergency service, which eliminates the emergency situation. If you therefore understand that you cannot reach the apartment in time for the breakdown, ask your tenant and neighbors for an expert opinion on the spot.
Tenant ignores the terms of the agreement
The most common cases are the tenant getting a pet, not keeping order, smoking in the apartment. Also, the composition of tenants may not match the specified in the contract. For example, you rented the apartment to one person, and he shared the rent, reselling part of the apartment, or began to live with friends.
To fix the facts of the violation of the contract, you can take pictures and record on video violations, as well as invite a district police officer.
Then you can either negotiate with the tenants to terminate the contract, increase the rent, and pay compensation. Or you can go to court.
If you are afraid of such a situation, compensation and sanctions should be spelled out in the contract. You can terminate the contract in court, but in order to get compensation, you will most likely need to specify it in the contract.
The tenant has changed the locks
It happens that the tenant can’t pay the rent for the apartment, doesn’t want to let the owner in, and changes the locks of the entrance door. Such an action violates the owner’s rights.
To solve this problem, you will need a passport and a certificate of ownership. Next – the owner of the apartment should contact the Ministry of Emergency Situations, whose staff will help provide access to the premises. It is better that at the opening of the door attended by a district police officer.
Something is missing or broken in the apartment
The tenant may have thrown out furniture, broken appliances, damaged the walls or floor and not reported it. To fix the damage, you need to go back to the Acceptance Act, which describes what should be in the apartment and in what condition.
To save time and nerves it is better to try to agree on a compensation for damages – monetary compensation. If negotiations are unsuccessful, the owner can go to court.
When going to court, it will be good if the owner has photos of the interior, furniture, as well as in case of breakage of appliances – expert opinions on the causes of damage. It is obligatory to have a contract and an acceptance certificate for the apartment.
The tenants have made repairs or remodeling.
Because of the high cost, this is not the most common story. It is important to understand that the tenant without the written consent of the owner can not carry out major repairs or remodeling.
If this happens, there is administrative liability for unauthorized remodeling of the dwelling unit. The tenant is obligated to restore the apartment to its original condition.
If he refuses to do so voluntarily, the landlord can go to court to demand termination of the contract and compensation for damages. As in previous cases, it is important here that the original condition of the apartment is documented by photos and confirmed by the acceptance certificate of the apartment.