If my tenant causes damage before they move out, do I charge them for it or take it out of their deposit?

Question

Let's say that I have a tenant with a 1 year lease.  They move in and 2 months later, they break the glass in a big window and it costs $300 to replace.  Do I charge them the $300 to fix it or do I take it out of their deposit?  They broke the window, but they can't afford to cough up the $300 in one shot.  Should I have them make payments to me for it until it's paid off or is it just taken out of the deposit?  

There is no lease, it's a theoretical question.  I'm considering purchasing a property from someone I know in order to rent out.  I know it's a lot of work and a hassle being a landlord, but it would help out my friend and might put a little extra money in my pocket.  I've gone through my state's laws, but it really only discusses damages after a tenant moves out of the property and not when they are still living there.  I couldn't really just leave the window broken out until they moved out...

Thanks!

Lndlrdlisa · Accepted Answer

BILL them now and continue to do so every month till they pay.
If you end up in court, you will have documentation of the billing.

sara · Answer

as a landlord i suggest you look into the laws of your state as to what you can and can't do and in
what time frame.

as for me, i would never take money out of their deposit as it's illegal in my state and for me personally if they use up the deposit now, what do i have left at the end.

here, you must submit a list of damages etc with refund or whats' left of their deposit or what they still owe you when their deposit is used up....withing 30 days of them moving out.  if you don't...then
you will owe them double the amount if they take you to small claims court.

the reason many landlords get away with keeping securities is because so many tenants don't know the law, or perhaps they might be from out of town, different state etc. when they go to college.
so to fight to get their deposit back, they have to show up at the hearing.  this simply might not be
practical if someone rented an apartment in new york, but lives in the south.

i have noticed a lot of lawyers own rental properties near college campuses....that probably tells you something right there.

chatsplas · Answer

READ the lease you're planning to offer carefully
Tenants can be charged for damage to premises and if they don't pay, can be taken from deposit
If tenants are at fault, they can be charged for damages, example, they threw a chair through the window, leaned/fell against the window, shot a BB gun through it, etc.
If tenants are not at fault, it is LL's responsibility, example, storm damage, object/stones from vehicle on road being sprayed on window breaking it

kemperk · Answer

you inform them that they owe X $ for the replacement of something which is their
fault.

you may not touch their deposit till you get a court judgment.

accept the window replacement money any way you wish.

available to guide you further

real estate guy · Answer

Have them pay as they go.  Otherwise, if you use the deposit now, at the end there is nothing to cover any other damages.

greek_myth · Answer

you take it off the deposit. but at the end of the tenancy. make sure you have proof (that is photos , bills etc) and that you write to them regarding that. if you have to go to court cos of it then you have proof. but i doubt you will have to.

? · Answer

You're entitled to do either one.  It's your choice.  There is no law regarding this.

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If my tenant causes damage before they move out, do I charge them for it or take it out of their deposit?

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