[TN] What should I do if a tenant left damages on my property?
Everything seemed fine and the tenants just moved out. I did a walkthrough/final inspection yesterday and found multiple instances of damage. After being provided inspection photos, none of the damage is shown in the originals — it appears the photos were taken while the tenants were moving in, not before. The property management company is claiming the damage was there prior.
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Since there is damage, the first step is to send written notice of the damage and cost to repair to the tenant. If they refuse to pay, then file a claim to obtain a court order.
If you lose due to lack of pre-move-in photos from the management company, you can then file a breach of contract claim against them.
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Do property managers in Tennessee have to take property photos before a tenant moves in?
I understand your concern. Are you currently facing an issue with a property manager in Tennessee regarding the lack of property photos before a tenant moves in?
Yes.
Have you reviewed your lease agreement or spoken with the property manager about their policies on taking property photos before a tenant moves in?
Yes, they were supposed to take photos prior to the tenant moving in.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with property photos before tenant move-in.
No.
My name is Jessica and I am a licensed attorney that will be assisting you with your question. I’m reviewing your question and will be providing a response momentarily. You may receive a prompt for a telephone consultation — this is optional and can be declined.
I’m so sorry you are having issues with your landlord. Are you referring to taking pictures as part of a move-in walkthrough?
So a bit of a rundown. My parents bought a house in Tennessee about a year and a half ago. They planned on renting it out until they moved this year. I did the initial walkthrough when the house was purchased and there was no damage.
As of last July, my parents contracted with a property management company. There were certain conditions verbally stipulated and agreed upon. They were told there would be photos prior to the tenants moving in.
Everything seemed fine and the tenants just moved out. I did a walkthrough/final inspection yesterday and found multiple instances of damage. After being provided inspection photos, none of the damage is shown in the originals — it appears the photos were taken while the tenants were moving in, not before.
The property management company is claiming the damage was there prior.
Ok, so this is a dispute with the property management company?
Yes. The company has been informed. I'm supposed to meet with a woman today so she can document the damages — even though I already photographed everything yesterday and sent it to her.
The gentleman who was supposed to maintain the house is being shady and is claiming the company isn’t liable for the damage.
Ok, are you looking to pursue a claim against the tenant or the company?
If the damages aren’t repaired, there’s a strong possibility I’ll have to. I’m just trying to get ahead of the curve if the company doesn’t take responsibility.
Ok, so you wish to file a claim against the tenants first, and if you lose, then pursue a claim against the company for breach of contract?
I don’t wish to file any claims yet. I'm seeking legal counsel to understand my current options.
Since there is damage, the first step is to send written notice of the damage and cost to repair to the tenant. If they refuse to pay, then file a claim to obtain a court order.
If you lose due to lack of pre-move-in photos from the management company, you can then file a breach of contract claim against them.
Perfect, thank you. Are there any laws in Tennessee regarding the conduct of property management? Like required inspections or move-in requirements — laws outside of what’s in a contract?
It’s all based on the terms of the contract you signed with the company.
I guess a better way to put it is: are there owner protection rights when dealing with property management companies?
Yes — that would fall under a breach of contract claim.
Awesome, thank you. If I have any further questions, I’ll report back.
I hope I was able to help resolve your issue! If you have other questions, feel free to ask.
