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Updated almost 2 years ago on . Most recent reply

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Michelle Martin
  • Rental Property Investor
  • Los Angeles, CA
26
Votes |
55
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Can/Should I sue previous tenant?

Michelle Martin
  • Rental Property Investor
  • Los Angeles, CA
Posted

The tenant left my property with over $30k in damages (holes in walls, ceiling, floors, bathroom needs to be gutted, broken windows, broken kitchen cabinets, etc). She also owes $6k in back rent. What are my options at this point?

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Greg M.#2 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
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Greg M.#2 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
Replied

Should you go after the tenant? I don't know, do you normally make it a habit of pissing away $36K? 

Yes, you should go after the tenant. The amount is higher than small claims limit, so you need to file in superior court. You do not need an attorney. You'll argue your case just like in small claims court. Chances are the tenant never shows up to defend so if you have proof of damages, you'll walk away with a judgment against them. However, for a few hundred dollars you can have an attorney file the paperwork for you to make sure it is all done properly. 

Turn the judgment over to a collection agency for a percentage of recovery.

The tenant might be a deadbeat, but even deadbeats earn $30K+ a year in CA.

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