Police Report -- Former Tenant

[Greg Todrank]

I have a now former tenant that I didn't renew her lease because of the condition of the apartment.  She has vacated the property -- which I'm thankful for -- but left lots of damage on the way out.  Door in the basement kicked in; holes in the drywall; blinds broken; etc.

She owes me $2000 deductible from a fire her kids caused last December ("You have my word I'll pay you") and she walked out on her last months rent -- so we'll be filing in small claims court.

I already have my team scheduled to get in there to pull the carpet, lay LVL, repair & paint.

My question -- since I'll be taking some legal action against her -- is should I file a police report for the damage that was done on the way out before I do any repairs?  Or do my before & after photos tell the story enough.

[JD Martin]

Originally posted by @Greg Todrank:

I have a now former tenant that I didn't renew her lease because of the condition of the apartment.  She has vacated the property -- which I'm thankful for -- but left lots of damage on the way out.  Door in the basement kicked in; holes in the drywall; blinds broken; etc.

She owes me $2000 deductible from a fire her kids caused last December ("You have my word I'll pay you") and she walked out on her last months rent -- so we'll be filing in small claims court.

I already have my team scheduled to get in there to pull the carpet, lay LVL, repair & paint.

My question -- since I'll be taking some legal action against her -- is should I file a police report for the damage that was done on the way out before I do any repairs?  Or do my before & after photos tell the story enough.

 Obviously willful damage - like concrete in toilets, cabinets torn off the walls, etc - I would definitely file a police report. Some holes in drywall here and there, stains, stuff like that I doubt your police department is going to take a report and issue a summons. There's a difference between vandalism and negligence; the latter is not usually criminally actionable when it comes to non-animated property (i.e. a car or a house versus a little kid or a pet).