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What can I do if my tenant refuses to pay for damages?

What can I do if my tenant refuses to pay for damages?

Full question:

My tenant during his lease period has damaged my rental unit beyond recognition. When I confronted him about the same, he said that he is not obligated to pay for the damages. What do I in this situation? How do I recover the damages from him in Indian?

Category: Landlord Tenant
Subcategory: Lease Violation
Date: 04/07/2025
State: Indiana

Answer:

In Indiana, tenants have specific obligations under the law, outlined in Ind. Code Ann. § 32-31-7-5. These include:

Complying with health and housing codes.
Keeping the rental premises clean.
Using electrical, plumbing, and other systems properly.
Not defacing or damaging the property.
Following reasonable rules in the rental agreement.

Since your tenant has damaged the property, they are likely in violation of these obligations. According to Ind. Code Ann. § 32-31-7-7, as a landlord, you have the right to seek relief for damages. If you prevail in a legal action, you may recover:

Actual damages incurred.
Attorney's fees and court costs.
Injunctive relief or other appropriate remedies.

Consider consulting a legal professional to discuss your options for recovering the costs of the damages.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it worth suing a tenant for damages?

Suing a tenant for damages can be worth it if the cost of the damages exceeds the court fees and time involved. If you have clear evidence of the damages and the tenant's responsibility, you may recover actual damages, attorney's fees, and court costs under Indiana law (Ind. Code Ann. § 32-31-7-7). However, consider the tenant's ability to pay and the potential impact on your relationship before proceeding. Consulting a legal professional can help you assess your situation better.

Who is responsible when a tenant damages the landlord's property?

In Indiana, tenants are generally responsible for damages they cause to the rental property beyond normal wear and tear. According to Ind. Code Ann. § 32-31-7-5, tenants must not deface or damage the property. If a tenant causes significant damage, landlords have the right to seek compensation for those damages through legal action.

What is damage to leased premises?

Damage to leased premises refers to any harm or deterioration of the rental property that goes beyond normal wear and tear. This can include broken fixtures, holes in walls, or other significant alterations that affect the property's condition. Under Indiana law, tenants are responsible for such damages and may be held liable for repair costs.

What happens if someone damages your rental property?

If someone damages your rental property, you have the right to seek compensation from the responsible party, typically the tenant. In Indiana, you can pursue legal action to recover damages, including actual repair costs and possibly attorney's fees, as outlined in Ind. Code Ann. § 32-31-7-7. Document the damages thoroughly to support your claim.

What is the most common action taken by landlords against tenants in breach of contract?

The most common action taken by landlords against tenants in breach of contract is filing for eviction or seeking damages for unpaid rent or property damage. In Indiana, landlords can pursue legal remedies under the state's landlord-tenant laws, which provide specific rights and obligations for both parties. Consulting with a legal professional can help you navigate the process effectively.