BP memeber help, Crappy tennants, what grounds can I sue them for

[Cliff Rosa]

Long story short; I rented out my home to a couple and their mom that started on Nov 1 2010. I used the model lease agreement provided by BP which covered everything. I received rent for Nov and December. I did not receive rent for Jan and then now I have not received it for Feb. I told them to move out a couple weeks ago and they are getting out today. Also they had not transfered all the utilities into their name so I had to use the security deposit to pay for it. They are in the military so this will be too easy to get my money but I just need to know what all that I can sue for when I go to small claims court. Rent for Jan was $1000, rent for Feb was also $1000 but they stayed half of the month to the 14th so I am assuming only $500, am I entitled to the full month of rent? Utilities now range into the $450-500 range, I communicated solely via email, my lease agreement has them locked in for 1 year and they still have 8 months to go but I evicted them. So I was wondering if I could also sue for property manger fees to get a new tenant into the home and anything else.

Please advise BP!

[Bill Gulley]

Just two quick notes, 1. while you may be owed the rents over the entire lease term, you have an obligation to make good faith attempts to re-let or lease the property for the same amount of the old lease over the remaining term. The thinking is that you need to be made whole, indemnified for the loss of rents, if you don't advertise it and simply expect them to pay for an empty unit, most judges won't go there, they also won't allow you to raise the new rents and not rent it expecting the old lease to cover your loss while attempting to increase your rents.

2. If you get a judgment on someone on active duty, you will get your money, it will come out of their pay check. Contact the Chief Finance Officer or Commander Finance Division at the installation where the member is stationed.