Taking a tenant to small claims court (Part 1)

[Kyle J.]

The question always seems to come up among landlords, "Should I take a tenant to court for (fill in the blank) or because they left owing me $ for (fill in the blank)?" 

Generally, I say it depends on the amount, how much your time is worth, and whether or not you think you'll actually be able to collect anything even if you win.  In almost every case, I choose to let it go because my tenants usually leave on good terms, most of what they owe (if anything) is largely offset by their security deposit, and anything still left owing is not worth my time chasing.  It's basically just a business decision.

However, that all changed recently with one tenant in particular who left owing about 2 months worth of rent ($2,300).  I was actually prepared to let that go.....right up until I saw the inside of the house after they left and the damage they left behind. 

Before they moved in, this was a fully remodeled house with everything in perfect condition.  Here are a couple "BEFORE" photos showing the kitchen and one of the clean bedrooms:

Now here are a few "AFTER" photos showing parts of the same kitchen and bedroom (notice the large hole kicked in the cabinet and the bullet hole in the side of the fridge):

Now I don't mind normal wear-and-tear or even a little above normal wear-and-tear (like holes in the drywall) because I'm pretty handy and most of that stuff is pretty easy/inexpensive for me to fix.  But I draw the line at intentional damage/vandalism like you see in the photos above.  So in this case, I chose to file a small claims case against the tenant.  It's the first time I've ever had to do it, but I figured I would do it (if nothing else) for the principle of the matter and it'd be a good learning experience.  Plus, I believed I could actually collect a judgment from this tenant since I know where they work and should be able to obtain a wage garnishment.

Long story short, I had my small claims hearing today and the tenant didn't show.  I was actually hoping they would because I was so well-prepared that I knew I'd win anyway.  But nevertheless, I still had to present my case to the judge and in the end I won a judgment for just under $6,000. 

I have to wait 30 days in which the tenant has a chance to appeal the verdict (though they have no grounds in this case), and then I plan to go back to court and obtain an order for a wage garnishment.  I'll post a "Part 2" to this story after I do that to let you know how it turns out and if I'm able to collect anything.  So stay tuned.  :)

Any thoughts/comments/questions are welcomed.

[Kyle J.]

@James R. I also haven't had to evict a tenant yet.  Even this one.  It was close, but I ended up convincing her to leave without going through an eviction. 

As for publicly shaming her, I don't think I'll go that route.  I want to keep it professional and use the methods that are already available to me (i.e. small claims, wage garnishment, reporting the debt to the credit bureaus, etc). 

Plus, I don't want her to lose her job.  I need her to have that so I can actually collect on my judgment.  :)