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Definition of Waste

In real property law, waste is the concept of reducing the value of a property due to damages or ineffective land use of a property. When either factor takes place, because the property is not being maximized, its value suffers as a result.

The most common form of waste in real estate is when a tenant damages the unit they are renting. Such a loss is considered a waste, because the damages reduces the value without making use of the building. In other words, had the property been damaged after substantial use, waste would not occur.

A landlord can evict a tenant for substantial damages caused to a property. While tenants have the right to make reasonable use of the property, including slight damages that are considered normal use, tenants do not have the right to inflict damage resulting from negligence.

Getting Compensation For Waste

Landlords can sue tenants for damages resulting from their negligence. The waste in the value of the asset, is a lawsuit that a judge will likely entertain based on the extent of the damages. The court, if tried successfully, may issue a judgement or some other mechanism to force the tenant to pay the landlord for damages. Property owners have the right to protect their properties and initiating a lawsuit for damages considered wasteful are addressed seriously. While it is true that the law looks at tenants, favorably, the court will also hear claims of damage because the unit is reasonably expected to produce a certain amount of income for the landlord.