All too often we see claims made by managers and owners against residents for what is really ordinary wear and tear. Let’s get real people. Sure, residents do absolutely destroy units sometimes. However, this does not justify getting extremely picky and almost vindictive when it comes to ordinary wear and tear. Ask yourself how you would react to the charge, or more importantly, how a judge would react when he or she grills you to death about why you charged the resident for the damage. A judge’s attitude towards the manager or owner in an eviction is typically far more favorable than a judge’s attitude in a small claims security deposit case, in which the resident spent the time and money to sue YOU. In small claims court, you will need to prove each and every charge. If the resident gets back one dime, you could be on the hook for thousands in attorney’s fees awarded to the resident. It is a massive gamble?
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