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Updated about 5 years ago, 11/03/2019
Advice - best way to handle this property damage issue
A very Jerry Springer incident. Would love some advice.
I had 2 roommates(boyfriend/girlfriend scenario) renting a unit from me. GF calls me to tell me that her BF was violent with her and she wants him gone. She also tells me he has punched 2 holes in the wall. BF, calls the next day to say he doesn't want to live there and is moving on. I tell him I know about the holes in the wall; he doesn't deny putting them there.
Get a verbal estimate quote from a company to address the repairs and it's quite hefty (~$1200) because the holes are through wood paneling, not drywall. This means removal of old paneling, install new paneling, prime, & paint. I offer to apply his portion of the deposit to the repairs, but he also needs to give me additional money to cover the overages (the estimate was double the cost of his deposit) with the caveat that if it is less, I'll return the left over money and if it is more, I'll eat those costs. Side note- the security deposit was paid in full, to me, by the GF. I was willing to acknowledge his half of the security deposit, although my legal obligation for returning the deposit is to her.
He tells me he will make the repairs. The lease clearly states that he is not allowed to make repairs without my authorization and, of course, I don't authorize it. The, now, ex-GF calls to tell me that he showed up, repaired the holes and has been harassing her. She filed a civil complaint against him for harassment and shared the case number with me. To my knowledge, he doesn't know that this has been done.
Today, I go over to 'collect' the overage cost for repair. Since the ex-GF clued me, I know that not on his agenda. He shows me the repair work he has done which, of course, looks awful and he's not giving me any money.
I provide an addendum to the lease for him to sign(including, ex-GF & myself) stating that he is not longer legally on the lease. I also note on the document, and make him sign, that he did unauthorized repairs. I didn't go the eviction route because there was no need. He had expressed he wanted to leave, moved all of his belonging out, plus she now has this civil case issued against him for harassment.
My question in all of this is....how to get the cost covered for the repair work. We are going to have his 'repairs' corrected the right way. It is going to cost more that his half of the security deposit. Now that he is officially off the lease, how will small claims court react to suing for cost of repairs? (i.e., will they say take it out of the deposit OR will they look at this incident as wholly on its own)