Don’t know how to handle tenant damage to property? Read this expert guide to learn practical ways to handle property damage in Bend, Oregon, professionally.
Are you a landlord, or property manager looking to invest in the Central Oregon area? After all, the Beaver State’s rental vacancy rose to 6% 2 years ago, and the average rent in cities like Bend lies in the sweet range of $1.6k to $2k. So, the real challenge isn’t finding renters but keeping your property in the best shape possible. The sad part is, even with thoroughly vetted tenants, property damage stays in the realm of possibility. Broken windows, loose door frames, stained carpets, stinky bathrooms, or something more serious.
That’s why you must learn how to handle tenant damage to property professionally. It’ll save your time and money while also reducing your stress. In this guide, we’ll break down everything you need to know about addressing apartment damage caused by neglectful renters. We’ll also explain to you your rights and responsibilities as per Oregon law. So, are you ready to take the right steps to protect your Bend-based rental property in the future?
Tenant Responsibilities and Oregon Landlord Rights
Bend, OR, had a home ownership rate of over 62% in 2023. In other words, almost 40% of the people living in Bend are renters. These statistics coincide with state-wide figures showing that 37% of Oregonians live as tenants in the Beaver State. But before you hand over the keys to a new tenant, make sure you and the would-be renter understand their respective duties.
What are tenants responsible for?
Lucky for you, tenants in Oregon are held responsible for any damage caused by:
- A tenant
- The tenant’s pets
- The tenant’s guests
This includes everything from broken appliances to holes in the wall or pet stains on the carpet. Whether accidental or deliberate, you have the right to seek compensation for repairs.
What rights do landlords enjoy?
If your tenant doesn’t repair the damages they’ve caused, you can issue a written notice, giving them 14 days to make amends and fix the problem. If the tenant doesn’t budge, you are within your legal rights to terminate the rental agreement, commencing eviction proceedings. After all, Oregon landlords were issuing 2,300 eviction notices per month on average in 2024.
Can you charge tenants for repairs?
You can also charge your renter for their property damage (using the tenant’s security deposit to compensate yourself). However, you must provide the tenant with an itemized list of damages & associated repair costs, along with documentation such as photos or invoices. Don’t forget that you have up to 12 months after a tenant moves out to discover damages and charge them. This extended window works in your favor when you uncover hidden damages during renovations or when preparing the unit for a new tenant.
Differentiating Wear & Tear from Tenant Damage to Property
A conflict between landlords and tenants usually arises when both parties fail to understand the difference between normal wear & tear and tenant-caused property damage. After all, data says that 47% of Bend’s renters spend 30% of their income on rent. So, of course, many tenants find it unfair when normal wear & tear is regarded as their fault. As a landlord, you must distinguish it from renter-caused property damage.
What counts as normal wear and tear?
Normal wear and tear refers to the gradual deterioration of a property over time, even when tenants are careful and responsible. Examples include:
- Faded or peeling paint
- Minor scuff marks on walls
- Small nail holes from hanging pictures
- Lightly worn carpets in high-traffic areas
These issues are expected and are generally your responsibility as the property owner.
What is tenant-caused damage?
Tenant-caused damage is more significant damage and results from carelessness, neglect, or intentional actions. Examples include:
- Large holes or gouges in walls
- Broken windows or doors
- Stained or ripped carpets
- Missing fixtures or appliances
- Water damage from overflowing tubs or sinks
Clear definitions in your lease agreement (and thorough move-in and move-out inspections) are your best defense against disputes. Always document the property’s condition with photos and detailed notes, especially when property damage by tenants is suspected.
5 Things to Do Upon Discovering Property Damage
Did you discover that your tenants have damaged your property? It can be frustrating, but we’ll let you know how this issue can be resolved easily (and within the bounds of Oregon law). Here are the steps you should take:
1. Document the damage
When you notice damage, you should take photos and videos from different angles. Don’t forget to write detailed notes describing how much damage you found. You can compare these pics & videos with your move-in inspection records to prove that the damage is new.
2. Get an estimate on repairs
You should then call licensed contractors to get written estimates for the cost of repairs. It will help you understand how much restoring the apartment will cost you, but also provide credible & neutral documentation if the tenant contests your charges.
3. Have a talk with your tenant
Always inform the ex-tenant about the damages they’ve caused. Let them respond and arrange for repairs on their own. Oregon law requires you to provide an itemized list of damages and costs if you plan to deduct from the security deposit.
4. Deduct from the security deposit
If the tenant doesn’t repair the damage, you can deduct the cost from their security deposit. Be sure to follow Oregon’s legal requirements, including providing the itemized list & returning any remaining deposit within 31 days of move-out.
5. Consider further action if required
What to do when the repair costs exceed the security deposit? Well, you may pursue the extra amount through legal means, such as via small claims court.
This 5-step process will help you get compensated for tenant damage to property.
4 Tips to Prevent and Minimize Future Property Damage
- Screen tenants thoroughly: Your tenant screening process must include credit checks, background checks, reference calls, and finding people who are less likely to damage an apartment.
- Set clear expectations in the lease: Make sure that your lease agreement outlines the tenant’s maintenance responsibilities and procedures for damage reporting. Lease terms must discuss the ramifications of not caring for the rental unit.
- Conduct regular inspections: You should schedule routine property inspections (after you have given proper notice) to catch issues early on. These visits remind tenants that you’re attentive and expect the place to be well-maintained.
- Encourage prompt reporting: Let tenants know that you appreciate early notification of any issues, big or small. Quick repairs prevent minor problems from turning into costly damage.
Legal Considerations: When to Seek Professional Assistance?
- If your tenant refuses to repair damage or pay for repairs, you can evict them. As per the law of the state, you need to give them specific notices and tell them exact timelines. This way, you can avoid delays and legal pitfalls.
- Always keep comprehensive records of tenant evictions and communications. You must maintain files for inspection reports, repair invoices, photos, etc. Detailed documentation protects you if a dispute arises or you end up in court.
- Reaching out to property management experts is never a bad idea. This is helpful when you are unsure how to proceed or if the situation gets out of your hands. Attorneys help you make sense of complex scenarios and help guide legal action if necessary in compliance with local landlord-tenant laws.
- Requiring tenants to carry renters' insurance can add an extra layer of protection for both you and your tenants. This coverage often includes liability for property damage, which can help cover repair costs and minimize disputes.
Find Your Property Management
As a landlord based in Bend, OR, dealing with tenant damage to property is kind of inevitable. You just need to understand your rights and responsibilities, set clear expectations, and always take proactive steps to minimize the damage. But there’s no need to do it all alone.
You can contact us at Mt. Bachelor Property Management for personalized assistance handling tenant-related property damage. Mt. Bachelor also conducts thorough tenant screening for any prospective tenant and are experts in dealing with local laws in the central Oregon area. We maintain your rental properties, providing you with the much-needed expertise for navigating the struggles of being an Oregon-based landlord. Let us handle these problems, ensuring a consistent stream of rental income flowing your way.
