Landlords can recoup damages, but finding the right tenant first is key

Landlords can recoup damages, but finding the right tenant first is key
Home $$$s and Sense
Date Published: March 5, 2010

Dear Sue,
Our handyman, Al, has a rental in Sacramento. His last tenant left the place filthy and damaged.
What does one do to lessen that kind of thing from happening?
Luckily Al is able to do his own repairs, but it seems that an owner ought not to have such things happen without some way of recovering the expense. Am I just thinking, “pie-in-the-sky?”
~ Al’s Agitated Friend

Dear Friend,
You are asking a two-part question. First you ask what can a landlord do to keep from renting to tenants that leave the property filthy and in disrepair.
I don’t have a 100 percent solution but I can recommend a few strategies that will certainly help.
First, a thorough screening is a must.
Do a credit check. Credit scores are not only used as indicators for loans, they are currently being used as indicators for certain employment. They can also be used for tenant screening.
A credit check of all occupants responsible for paying the rent should be done. If you have roommates as potential tenants, I recommend that all of them sign the rental agreement.
It’s not uncommon to rent to roommates that eventually move out during the rental period and are replaced by occupants that are not on the rental agreement.
Generally speaking the higher the credit score the better the tenant.
Calling a previous landlord is not nearly as effective as calling the previous to the present landlord. The present landlord may give a glowing recommendation just to get rid of the tenant. The previous landlord has nothing to lose by telling the truth.
Some landlords actually pay a visit to the tenant’s current residence. This method by far is the most revealing.
I had one old-timer tell me that how a tenant keeps their car is probably the way that they will keep their home.
This old-timer made sure that he got a peek of the inside of his applicant’s car. He said that over the years it proved to be a pretty good indicator. This landlord owned and managed 30-plus properties.
My best advice would be to not go against your instinctive judgment. Some landlords are so eager to get a property rented that they rush into a rental agreement only to regret their decision.
I guarantee that it is better to have a vacancy for a month or two than to go against your better judgment and select a questionable tenant.
The second part of your question was about recourse for repairs.
A tenant must repair all damage caused by his failure to use ordinary care in the use of the premises.
A landlord can recover the cost of repairs made to correct excessive wear and tear by deducting the cost of repairs from the security deposit and demanding payment for any deficiency in the deposit to cover the expenses.
If the tenant fails to pay any charges remaining unpaid after deductions from the security deposit, the landlord can file an action against the tenant to recover amounts not covered by the security deposit.
In cases like these, I suggest legal counsel. It can be a matter of good Home $$$s and Sense.

Sue Thompson is owner and sales manager of HomeTown Realtors in Auburn. She can be reached at seesue@seehometown.com, or on the Web at homedollarsandsense.com.