CLAIMING UNDUE DAMAGE

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Claiming undue damage under landlord-tenant law refers to the process by which a landlord seeks compensation for excessive or unwarranted damage to their rental property caused by a tenant.

In many jurisdictions, landlords have a legal right to retain a portion or the entirety of a tenant’s security deposit to cover repair costs for damages beyond normal wear and tear. To make a successful claim for undue damage, landlords must document the damage, provide evidence of the cost of repairs, and follow specific legal procedures outlined in their local landlord-tenant laws. Tenants, on the other hand, may dispute such claims if they believe the damage was either not their responsibility or the repair costs are inflated. The law only requires a tenant to pay for undue damage; and accordingly, the tenant is without responsibility to repair, or pay to repair, damage reasonably expected to arise during daily life, such as paint scuffs, worn carpet, nail holes for hanging pictures or paintings, among other things, are all normal. Resolving undue damage claims often involves negotiation, mediation, or, in some cases, legal action if an amicable agreement cannot be reached between the landlord and tenant.

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