Tenants destroyed the apartment, what remedy can a landlord get?

[Sara W.]

Hi for all the landlord out there, I recently just had a tenant moved out because their lease is up and we no longer wanted to lease the apartment to them. When I inspected the apartment it is in a very bad shape - carpets completely destroyed, several big holes on the wall, bathtub is all black, they unplugged the fridge and put food in there, so the whole fridge is molded. 

We have their deposit but they are not enough to pay for all the damages that they have done. Are there anything that we can do to recoup the damage they have done? 

Some suggests us to go to a small claim court. But should I notify the tenants first or should I file the paper work directly? Or should we just let it go and consider this a cost of business?

Any suggestions would be greatly appreciated. We estimated the cost to fix all the damages is at least $4k to 5k with labor and materials. 

Thank you! 

[Patricia Steiner]

You will need to document the damage with photographs and obtain bids to repair/replace.  Notify the tenants of the lost of the security deposit and provide detailed proof (photos, estimates).  Be sure to provide this notice according to your State Law. There are required time restrictions and delivery methods.  In your letter and accounting, show a deficiency balance for the damages and demand payment within 10 days.  

They won't pay...so then you'll file a Small Claims Lawsuit.  Get your judgement and ensure it is filed with the credit bureau so the next time the want a new car, i-phone, apartment/buy a house, they'll need to settle with you first.  You can also assign it to a Collection Agency who works on a fee on basis or "a cut" of what is collected.

I'm sorry this happened to your property...may those former tenants get the karma they so deserve.

Best...