Is small claims worth it for just over $3k? Can they counter?

Question

First time landlord learning hard lessons. My STBXH decided to blow up our lives after 19 years together, forcing me to move back into the home we were renting out instead of renewing w/ our renter as originally intended. I let them know immediately what was going on (gave 2.5 months notice instead of the required 30 days), and did what I could to mitigate the fallout for them. They found another place immediately, requested to end their lease a month early, and asked if they could have their security deposit back to put toward the new rental. I agreed, feeling terrible that my unexpected divorce was rippling into their lives too.

My renters also asked if they could pay their final rent in the middle of December instead of on the 1st to make paying their first month's rent on the other home more manageable. I agreed, then the 15th rolled around and he didn't have the money. He owns his own painting company, said he wasn't paid for a job as anticipated, was very apologetic and said he'd pay as soon as he could. This dragged on a bit, then I asked if he'd be interested in a trade instead - we needed the interior of our other house painted so we could list it to sell ASAP. He agreed, saying he owed me so much money that he'd do whatever work he needed to for me at this point. Then he kept putting me off for two months before bailing altogether, forcing us to figure out the painting ourselves, and delaying our getting the house on the market an extra two months (two others sold in our neighborhood in the meantime, and by the time we got it listed, Covid hit). Still trying to sell that one, so we're paying two mortgages right now.

I reached out to my former renter reminding him of what he still owed ($2400 in rent, $350 in utilities, and work he'd started but didn't finish, which I'd credited him $700 for previously) and offering to set up a payment plan. He then informed me that they'd pay the utilities and do the work when they could, but said they didn't think they should have to pay December's rent since "the shower was unusable and the deck was unsafe" while they lived there. Now there were issues with the master shower (appears to have mold behind the seal, but I've used it for 9 years now without issue), but he'd agreed verbally that it wasn't urgent since there were two other showers they could use (one literally on the other side of the same wall), and the deck was evaluated and it was recommended that work be done, but it was going to be very expensive and wasn't an imminent danger (they continued to use it, and I'm still using it daily - the railing is bowed but still holds), and verbally he was okay waiting on that as well. They didn't dispute either of those issues until 6 months after they'd moved out and were being asked to pay.

Is it worth pursuing small claims court? What are the odds the judge will side with them about the shower & deck and let them off? I'm in Douglas County, Colorado.

Mike Giallanza · Answer

Don't let tenants get away with this stuff. Use a collection agency to go after them. It doesn't cost you anything, and will show up on their credit report. You may never see a penny, he may declare bankruptcy, so let him. Don't let a bad actor get a free pass.

Account Closed · Answer

@Sherilyn Smith A short answer to your question, no, an usable shower and an "unsafe" deck are not reasons that will void rent payments. Get the judgement and go after him.

Heath M. · Answer

I'd at least fire off the letter.  And maybe take a stab at the small claims court.  But I've got a judgement out for around 5k that I gave up on collecting 15 years ago.  Can't get blood out of a turnip sadly...

Sherilyn Smith · Answer

@Sant Li Thank you! That’s my biggest question.

Sherilyn Smith · Answer

@Sachin Sharma

Thank you. I anticipate I’ll be about broke by the time my unexpected divorce is finished, so I need everything I can get. I already lost out on the January rent I would have had by letting them out of their lease early. I’m already dealing with a lot though, just trying to determine if there’s any point in putting time and energy into this too, especially if it’s most likely that nothing will come if it / he still won’t be made to pay.

Sherilyn Smith · Answer

@Anthony Wick

No, not yet anyway. I have LegalShield and have been using that so far. If I remember right they’ll draft a letter to him for me and advise me on how to start the small claims process as part of my subscription.

Anthony Wick · Answer

Is your attorney costing you money? You don't need an attorney for this case.

Sachin Sharma · Answer

I am sorry to hear about the situation that your previous tenants are causing you. The dichotomy between his wife filing for a bankruptcy and the excuses / issues he is telling you about the unsafe deck while he rented out your place etc tells me that he is not willing to pay you a penny.

Is 3k worth fighting for ?  It is something that you will have to decide.

I would start with sending him a letter from your attorney. (That could cost anywhere between $150 -$200)

Sherilyn Smith · Answer

@Anthony WickThank you for the response, I know I made a lot of mistakes and am kicking myself now. I downloaded our text exchange and have emails regarding what they owe, the proposed trade, him bailing then refusing to pay, etc. He ignores my points, focuses on the shower & deck, says he won't be pushed around and to go ahead with my attorney because his wife has already filed bankruptcy (my attorney said they see that but don't show that he has filed though) and it was a no-assets case, and he's "struggling as it is, so an attorney isn’t going to make [him] s*** money any faster (especially with bankruptcy)."I would be surprised if he doesn't show up to fight it. This whole thing is further complicated/awkward in that they moved just a few houses down the street from me and are chummy with a lot of our neighbors. I did text his new landlord and gave him a heads-up on what I'm dealing with now so he doesn't run into the same issues (my attorney said it isn't slander if I stick to the facts).

Am I just wasting my time and energy then?

Anthony Wick · Answer

@Sherilyn Smith

Ugh. Ok, I won’t lecture you on this mess as you’re probably having a rough time.

First, did you even give them notice in writing when they moved out? In other words, do you have a legal leg to stand on since it’s been almost 8 months? If you have documents and proof they owe you money, then take them to court and get a judgment. Most of the time tenants won’t even show up or answer, so you’ll get a default judgment.

Now, actually collecting on said judgment is a whole other topic for discussion another day.

Is small claims worth it for just over $3k? Can they counter?

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