List Tenant Caused Damages as Additional Rent by Donald Beck

 Ever have a tenant use an ice pick to "defrost" the freezer and puncture the freezer wall? Ever have a washing machine overflow from the second floor apartment to the first floor tenant's living room furniture? Or maybe a tenant flushed kitty litter down the toilet and caused damage to the pipes and flooding. These are just three of many ways tenants can damage apartments. In these cases, you could try to recover the cost of the tenant- caused damages by filing an insurance claim, but your deductible is probably too high to help very much. Another solution is to tell the tenant he caused the damage so he is responsible for the cost of the repair. Good idea, but does your lease allow you to charge the tenant.  Take a look at your lease and see what it says about tenant-caused damage. If your lease is like most leases, it obligates the tenant to keep his unit clean and to use appliances and equipment properly. It also holds tenants liable for repairs caused by their abuse -that is, neglectful, reckless, or illegal use of the premises.  But what happens if the tenant refuses to pay for damages he caused, and continues to pay rent on time? Can the tenant be evicted for refusing to pay for the damages if he keeps his rent current? Probably not. You would need to file a Civil Complaint., not a Landlord Tenant Complaint. If the tenant continues to pay on time, you have little recourse to collect on that judgment and to have them removed.  Add this clause to your lease to avoid this situation. "Tenant agrees to pay the total cost of any repair that is above normal wear and tear and is caused by tenant or tenant's guest(s). This cost is considered additional rent and is due with the following month's rent payment."  Now, when the tenant sends in the normal rent payment the next month, subtract out the repair cost first from the rent. This leaves the current month's rent short and the late fee kicks in. The tenant quickly understands the need to pay for the damages and pay the repair bill promptly.  I have also found it a good idea to include the "additional rent" concept under a late rent clause. It works the same way. Don't pay the late fee with next month's rent and it becomes "additional rent" that is due with the next month's rent payment.