Conflicts between landlords and renters about monthly rent and security deposit are not always easy to resolve. In certain cases, going to court is the only method to address the problem. A landlord may have the legal authority to sue their tenant in a variety of situations. A landlord might take a tenant to court for a variety of reasons according to a tenancy agreement.
Why Would a Landlord File a Lawsuit Against a Tenant?
Although bringing a lawsuit against someone might be difficult, there are certain benefits to doing so.
• Tenant May Agree to Avoid Going to Court:
The first benefit, and one that many individuals hope for when filing a lawsuit, is that the matter will never get to court. The expectation is that the renter will wish to avoid the trouble of coming to court and maybe losing anyhow after getting the court summons.
• Recover Money Due:
Taking a renter to court might sometimes be the only option to get the money you’re owed from them. If a renter does not think they are liable for property damage, getting them to pay the money might be difficult unless they are legally required to do so.
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• Get Additional Damages:
You can sue the renter in court for not just the money you owe, but also for additional damages. For example, if a tenant breaches their contract and vacates the premises early, you can sue them for the rent owed for the duration of the contract, as well as the expense of finding a new renter to fill the vacancy.
• You’ll Have a Record:
You’ll have proof that you won a court action against your tenant. This will come in handy if the renter ever tries to sue you in the future. A win will also demonstrate that you are a law-abiding landlord who understands the right processes and methods for managing a rental property.
Taking a Tenant to Court Has Risks
• You Might Lose:
Just because you file a lawsuit does not mean you will win it. You may spend all of your time, effort, and money in court and still lose.
• You May Win, But You May Never See the Money:
You may be granted the money owing to you by the court, but you may never see it. Despite the fact that the renter now has a judgment against them, you may have to pursue the renter for years in order to collect the money you are due.
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Going to court will cost you money regardless of whether you win or lose. Just to submit your lawsuit, you’ll have to pay a court cost. This charge varies greatly depending on the jurisdiction. Depending on the circumstances, you may need to employ an attorney to represent you, which can rapidly become prohibitively expensive.
• Renter May Countersue:
Filing a lawsuit may enrage your tenant, prompting them to file a countersuit. You might lose the lawsuit and end up owing the renter even more money in damages and attorney’s costs.
Is Filing a Lawsuit the Only Way Out?
Rather than initiating a lawsuit, a landlord might send a demand letter to the renter in the hopes that it would persuade the renter to pay the rent. This letter might be threatening enough to keep you out of court. A landlord might also choose to do nothing and use any losses as a learning opportunity.
Bringing a claim for damages against the renter
In this situation, the landlord is unlikely to receive any compensation from the criminal. When someone commits so much damage, it’s doubtful that they’ll leave contact information behind. Usually, they’re gone for good.
Some landlords, on the other hand, have successfully employed independent “people monitoring” services (simply Google it) to find out the perpetrator and subsequently filed a claim against them.
Of course, you have the right to sue your renter for any damages they cause (not to be confused with wear and tear).
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This is a refundable deposit that may be used to cover damages according to a lease agreement. However, if the tenant rejects responsibility for any alleged losses, the destiny of your claim will be decided by the tenancy deposit system with which you secured your renter’s deposit. In such a situation, you’ll need to show that the renter caused the damage, which is where property inventories come in handy.
If the deposit does not cover the costs of the alleged damages, you can submit a claim for a bigger sum in a county court.
Small claims court:
You can file a claim for money in a county court using the GOV website; the full procedure may now be completed online.
If your renter is still residing in the property and you’re unhappy with the damages they’ve made, you may have grounds for tenant eviction (if that’s the route you choose to go). Here you may obtain free legal assistance on evictions and problematic renters.
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If you need any more information on your rights, you should contact your local Citizens Advice Bureau.
Other types of property damage
It is also your duty if you cause harm to another person’s property. So, if you reside in
a flat and the apartment below you floods, you will be responsible. Similarly, if you cause damage to a neighbor’s property, you will be responsible for the charges.
You are liable for any damage to other people’s property or possessions, not your landlord or agent.
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• Appliances that have failed due to wear and tear.
• Damage to a property as a result of heavy winds
• Painting and cleaning – unless there has been intentional or inadvertent harm.
• Scratches and dings on wooden furniture, doorknobs, worktops, and other frequently used goods and surfaces
• Furniture and upholstery discoloration
Making a complaint about your landlord
You have the right to file a complaint against your landlord if they are doing something improper or if you are displeased with their behavior, such as if:
• They aren’t completing the repairs that they are supposed to be doing.
• they’re harassing you, such as by breaking into your home without your consent
• They discriminate against you, such as by charging you a greater rent or deposit than other renters because of your country, color, age, or sexual orientation.
To remedy your situation, it’s advisable to speak with your landlord first. If this doesn’t work, you can take further measures to file a complaint.