soldier damages home and leaves the state

[Alyse Rzemek]

I had tenant who decided to join the military to get out of his lease. I received their orders 3 days before they went to boot camp.  He also left my house DAMGED (animal damage, holes in doors, walls, etc.) exceeding the deposit amount. At first his family pretended that they would pay for the damages and would work with me.  Fast forward to 6 months later.  I have tried to take this to court, but Sheriff's department could not serve him.  His family refused service and he has told the peace officer (over the phone) who tried to serve him and that he is out of state and can't do anything about it.  I have his details such as DOB, social and some information such as where he is located.

Is there anything I can do? 

I cannot get a hold of anyone at the base or information to track down his NCO. Is there a way to find out his NCO?

Any insight would be greatly appreciated.

[Nathan Gesner]

Quote from @Alyse Rzemek:

Welcome to the BiggerPockets forums!

When a service member is given orders to move or deploy, the Landlord is required to let them out of the lease early. However, the military member is still required to give 30 days notice and pay for that 30 days of rent. If your Tenant left after just three days, they are still obligated to pay you for the 30 days, as well as the cleaning and repairs required.

As you now realize, you can't force them back to Colorado to a court hearing so that door is closed. Contact a collection agency and see if they can help you file a collection against him. If he's in the service, it shouldn't be difficult to track him down and garnish wages. 

Here's who I use and they are very good at collecting.

Donna Deloach
Capital Accounts, LLC
P: (800) 282-3214
F: (800) 296-3317
E: [email protected]