AZE.US
A property owner in Azerbaijan may seek compensation from a guest who damages furniture, appliances or other items in a short-term rental. However, the amount must reflect the actual loss and be supported by evidence.
Damage caused by guests has become a recurring problem for owners who rent houses and apartments for vacations and short stays, according to Demokrat.az.
Azerbaijani attorney Vusala Muradkhanli explained that under the general principles of the country’s Civil Code, a person who damages someone else’s property is required to compensate the owner.
This applies not only when an item is completely destroyed. Reasonable costs associated with repairing or replacing damaged furniture, appliances, doors, windows, plumbing fixtures and other property may also qualify as actual damages.
The main challenge, however, is proving that the damage occurred during the rental period and was caused by the tenant or guest in question.
What Evidence Does the Owner Need?
Muradkhanli recommends documenting short-term rental arrangements in writing. The agreement should specify:
- The items located inside the property and their condition;
- The duration of the rental;
- The guest’s responsibility for damage;
- The procedure for calculating and recovering losses;
- The terms for withholding and returning a security deposit.
Before guests move in, owners should photograph or record the condition of the property, furniture and appliances. More expensive items should be listed separately.
If damage is discovered after a guest’s departure, it should immediately be documented through photographs or video. Witnesses may also be useful when available.
The value of the loss can be established through a repair service assessment, invoice, receipt or independent appraisal. The owner may then send the guest a written demand requesting voluntary payment.
Owners Cannot Demand an Arbitrary Amount
A property owner cannot select any compensation amount they wish. The claim must correspond to the actual, documented loss.
For example, if a guest damages an old television, the owner generally cannot demand the price of the most expensive new model as a replacement.
If the dispute reaches court, the judge would consider the age and condition of the damaged item, reasonable repair or replacement costs and whether the guest’s actions directly caused the loss.
If the parties cannot reach an agreement, the owner may file a lawsuit seeking compensation.
Can the Security Deposit Be Withheld?
A security deposit can be used to cover damage, but the conditions for withholding it should be clearly stated in the rental agreement.
The contract should identify the deposit amount, the circumstances under which all or part of it may be retained and the procedure for returning the money after the rental ends.
An owner cannot keep the entire deposit solely based on a personal assessment of the damage. The amount withheld must correspond to a documented loss.
If the repair costs are lower than the deposit, the remaining balance should be returned to the guest.
When Can Police Be Contacted?
If property was intentionally destroyed and the circumstances suggest a possible criminal or other legal violation, the owner may contact law enforcement in addition to pursuing compensation through a civil claim.
The legal assessment would depend on the circumstances, the nature of the damage, the amount of the loss and evidence showing whether the act was intentional.
Muradkhanli said the greatest difficulty in these disputes is usually not the owner’s right to seek compensation but the lack of sufficient evidence. Owners should therefore document the property both before check-in and after checkout and retain contracts, payment records, messages, receipts and other relevant documents.
AZE.US