Can a Landlord Make You Pay for Damages?
Landlords have the right to make tenants pay for damage to rental units. In fact, that's what deposits are for. Refundable deposits are meant to cover the cost of repairs if a tenant causes damage that's considered more than normal, everyday wear and tear. Sometimes, damage to apartments costs more to repair than the amount of a tenant's deposit. When this occurs, landlords can use a few different means to recover costs.
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Overview
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Security deposits are governed by landlord-tenant law in every state. Most states require landlords to return refundable security deposits, if after inspection of the rental unit, there is no damage over and above everyday wear and tear. If there is damage beyond normal wear and tear, such as broken windows or holes in the walls, the landlord can keep the tenant's deposit. If the deposit isn't enough to cover the cost of repairs, a landlord can attempt to recover the remaining amount.
Move-In Checklists
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Landlords often provide new tenants with move-in checklists. These checklists provide protection for the tenant, as the tenant can inspect the apartment before moving in and list any damage he sees. After a move-in checklist is filled out, the tenant should return it to the landlord. It's important to note, however, that if a landlord fails to provide a new tenant with a move-in checklist, it's the tenant's responsibility to ask for one.
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Collection
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Landlords are required to refund deposits if there's no apparent damage to the rental unit. The law varies from state to state, however, landlords are required to return deposits within a certain timeframe, as prescribed by state law. If damage to the apartment is severe, and the amount it costs to repair the damage is in excess of the deposit, the landlord can pursue the former tenant via small claims court or a collection agency.
Additional Considerations
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If your landlord is trying to make you pay for damages, you should attempt to work out a payment plan. A payment plan will keep you out of court, or prevent your landlord from turning the account over to a collection agency, and by extension, prevent a drop in your credit score and/or black mark on your rental history.
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