Tenant Move out without proper notice and Damage to property.

[Simon D.]

Hey everyone, 

I need some advice and see what your take is on my next plan of action. I rented my property out to a tenant 1 yr ago and throughout the yr it was just nothing about nagging about minor issues that he is the one that caused all the issues, 1st was a clogged toilet twice from them flushing down paper towel and wet wipes (my mistake for not making him pay for it upfront, he agreed to take it out of security) after clarifying to them no paper towel and wipes in toilet, we never had any issues since. After that throughout the year it was the dishwasher not working which i got fixed(which i had in the contract that any minor repairs he was responsible for however he withheld my rent until it was fixed), the rug for the stairs he stated became smoothed out and he wanted me to replace (which i did bc he claimed he, his wife and his baby sitter fell), other nonsense he Tried to get fixed were, light bulbs needing to be changed, lint finter, vent in bathroom "too loud" and fence had chipped.. Now its 1 yr in i told him 2 months ago i was going to raise the rent and NOT renew the lease to him, which he agree for the rental increase and to convert to month to month after. Feb 1st is the renewal date, i sent him an addendum for the contract to extend month to month and specify more clearly (a standard appliance form) that any minor repairs for appliances they are responsible for. Initially he only stated he wanted a wording on the contract to say "month to Month" and he will sign to extend which i changed. Yesterday he emailed back stating he found a place and is moving out in 2 days bc he doesn't agree with the appliance contract...

He never gave me any 1 month notice, and I only have his 1 month security from him, this does not include any damages yet that they did on the property, which i heard from my realtor that there's drawings all over all the rooms , a mounted TV with holes. This is without me inspecting it yet, I will be going in 2 days. (He expected his security back even when i told him he had to tell me 1 month in advance when he moved out, All this is documented in an email)

My question is at what point in amount of cumulative damages would you say is the cut off where I should pursue him for the damaged. My plan is not to give him back his security bc he violated the contract PLUS damaged. Is there anything else I should do? any comment is appreciated.

Thank you,

Simon

[Elenis Camargo]

@Simon D. Honestly going after him you most likely won’t get a penny back and it’ll waste your time. I had a tenant abandon who left a disaster in the property. I kept her security deposit and moved on. I could have pursued her for a couple thousand but seeing as she didn’t pay her last month’s rent and abandoned the property, I knew I wouldn’t get anything from her. I say keep the deposit if you feel its fair and move on. Make sure to follow your state’s rules for this though. In my state you have to send a letter certified mail stating certain things like what you’re keeping the deposit from. If the tenant doesn’t provide a forwarding address then you send it to the last known address (your property). That’s in Florida anyway. Just make sure to look up the rules so he doesn’t come after you later!

[Account Closed]

I generally agree with Elenis above, however I do fill out a deposition of security deposit and mail it to them showing them owing money.  A couple times they have mailed me the amount requested.  Given your experiences with this tenant I doubt you will be so lucky.  I haven't pursued the additional amounts in small claims court because I would have to justify everything in court, it will be hard to collect, and isn't worth the time.

[Aaron Stuiber]

Some people just don’t understand the concept of signing a lease. It’s sad to see that you have to deal with one of these great people... in all honesty like the other comments stated, with a tenant like this it won’t be worth the time and effort to try and pursue for damages beyond full security deposit. 

[Thomas S.]

Based on your past management experiences I would call it a wash and move on to your next tenant.

If you want to succeed you will need to hone your landlord skills. Your tenant walked all over you, as you know, and that can not continue.

[Theresa Harris]

I'd just move on and look for a better tenant.  Yes it sucks.  Take lots of photos to document damages and the state of the house after he moves out.  This will help you explain why you didn't return the deposit.  In some areas, you can not use the security deposit for rent owed.  Check with your laws, but from the sounds of it there are enough repairs required to account for the deposit.

[Nathan Gesner]

1. Never use the security deposit to pay for something until the tenant is out and the lease is terminated! The deposit is your leverage to hold the tenant accountable. If you whittle it down, you take away your leverage.

2. Your lease states the tenant is responsible for minor repairs but then you allow him to withhold rent instead of paying to repair a dishwasher? Why do you even have a written lease?

3. He claims the carpet "smoothed out" so you replaced it? Why not just hand over your check book?

4. Tenant doesn't abide by the current agreement so you want to write a new agreement with him? What makes you think he will abide by the second agreement?

5. When you tell him what the new contract will say, he tells you to change it...and you do!

6. Why do you have a REALTOR involved? Are they inspecting the home for you or helping manage it?

Based on what you've shared, you are not cut out to be a Landlord. The tenant walked all over you because you allowed it. My recommendation is that you keep copies of all communication. Get the tenant out ASAP and then document the condition of the home and any cleaning/repairs needed. You should be able to turn it around and place a new tenant before the end of February so the security deposit will cover about a month of rent and your only loss will be the cleaning and repairs. Then you can decide whether the amount is large enough to pursue. In my book, if it's more than half a month of rent, it's worth going after the judgment. You may never receive a dime but you can at least turn it in to a collection agency and have it sit on his record for a while.

Hire a good property manager. This experience should be enough to show you that you're walking a dangerous path. The amount lost on this one tenant is probably enough to hire a manager for a year and a really bad tenant can cost you 10x this amount. Get a pro that can protect your asset and reduce your headaches.

[Michael Gefvert]

I am not your lawyer, and this is not legal advice, it is intended only as general advice that you may consider in deciding whether you want to seek legal advice from an attorney licensed in your jurisdiction.

Usually when I tell someone it is not worth it to pursue damages it is because the Tenant is insolvent or the amount recoverable wouldn't offset the legal costs of pursing it.  That doesn't appear to be the case here.  Depending on the amount of damages done to your property and how well the security deposit covers them, it may be worthwhile to pursue in court considering you have an additional argument of breach of the month-to-month lease.  

If I were in your shoes, I'd consult a local landlord-tenant attorney about it.  Do you have local real estate investor meet-ups where you could get a referral?  If you go this route, you should ask the attorney:
(1) what amount he or she expects would be awarded in damages,

(2) what the process is for collecting a damages award if the Tenant won't willingly pay,

(3) what the fee structure is and what it will cost you to collect

If you hire an attorney, he or she may start by writing a demand letter to the Tenant explaining your legal position and demanding an amount of money to forego filing a lawsuit.  This may work to get you money owed without the expense of actually going to court for it.

[Jay Hinrichs]

Originally posted by @Michael Gefvert:

I am not your lawyer, and this is not legal advice, it is intended only as general advice that you may consider in deciding whether you want to seek legal advice from an attorney licensed in your jurisdiction.

Usually when I tell someone it is not worth it to pursue damages it is because the Tenant is insolvent or the amount recoverable wouldn't offset the legal costs of pursing it.  That doesn't appear to be the case here.  Depending on the amount of damages done to your property and how well the security deposit covers them, it may be worthwhile to pursue in court considering you have an additional argument of breach of the month-to-month lease.  

If I were in your shoes, I'd consult a local landlord-tenant attorney about it.  Do you have local real estate investor meet-ups where you could get a referral?  If you go this route, you should ask the attorney:
(1) what amount he or she expects would be awarded in damages,

(2) what the process is for collecting a damages award if the Tenant won't willingly pay,

(3) what the fee structure is and what it will cost you to collect

If you hire an attorney, he or she may start by writing a demand letter to the Tenant explaining your legal position and demanding an amount of money to forego filing a lawsuit.  This may work to get you money owed without the expense of actually going to court for it.

 I see most landlords handle this stuff in small claims court..  unless you have lawyers that work for next to nothing.. out our way and probably in NY hourly rate is 350 to 600 an hour.. while small claims is 5 to 7500.. and it works tenants are usually no shows. 

[Michael Gefvert]

[Jay Hinrichs]

Originally posted by @Michael Gefvert:

 normal process record judgment in county they live in or where you think they may move to and or own property..  Then garnish their wages. really depends on the tenant.. most have nothing so the garnishment can work.. although if they file BK you may have to give back all that you garnished.. that has happened to me.. 

[Justin Kane]

legal pursuits are 90% a waste of time, money, sleep. Just let it go, adjust, and have a better barriers and plans to avoid this sort of thing in the future