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Updated over 8 years ago,
Tenant gouged floors, walls. Can I deduct even if I don't fix?
My tenant recently decided to stop paying rent on the apartment (in Minnesota). I filed for eviction, and luckily, she abandoned the property (texted me that she moved out and left the keys in the unit). She lived there for only 3 months, but deeply gouged my floors (all of the rooms, one floor was new laminate, 2 floors are mediocre hardwood, 1 floor is good laminate). Every wall in the apartment has a high quantity of minor damage (30+ nails in a single wall, gouges in the paint that goes to the sheetrock, etc.). She also managed to rip two holes in the steel siding of the garage (it's a garage apartment). These holes are about 2 inches long and an inch wide.
I cannot afford to repair the floors or siding at the moment. My question is, can I charge her for the damage even if I don't repair it? I am taking her to small claims court for the rent she didn't pay, plus the eviction costs. I would like to tack these expenses on top of the claim. I assume I would need to get price quotes for repairs, then include those with my case.
Thank you in advance for your advice!