Charging evicted tenants for property damages

[Shepard Solomon]

Hello,

I just wanted to know the proper laws in Kansas City, Missouri to charge tenants for property damages after eviction. As we know as investors the security deposit does not cover all damages. What is the best way to charge tenant for property damages especially if they left and there is no information about their new address? I already have in the leasing agreement that they will be responsible for damages. Any tips especially with finding tenant new address? Thanks

[Frank Chin]

Short answer is, forget about it.

I've done rentals for nearly 40 years, had tenants that done damage. Since I paint and clean between tenancies anyway, tenants who done some damage only cost a little more. For instance, commonly I have holes in the wall, but in some cases, large holes, so I hire a painter who'll paint and for a little more, including fixing the holes. 

My first job out of college was with the collection department of a large finance company. Here, we have people who's judgement proof even if we spent time skip tracing and find out where they're hiding. These are people with no assets to attach. The only thing you can do is garnish their wages if they are not already under garnishment and state law restrict you to how much you can garnish, as I recall, 10% of they're salary, and up to 25% if for child support. That's why most of these people work off the books.

I was in business and had several employees  under garnishment. One lady owed $100,000 to debtors, was garnished 10%, then switched to part time. Both she and I was unaware the switch that her salary fell below the allowable thresh hold to garnish, and when I found out, stopped the garnishment. Under the law, her car can be seized which is why she leases it. The law allows the debtor to seize TV sets in the house if the debtor has more than one. Question is, do you want to go so far, like hiring a private eye and count TV sets in the debtor's house?

In the case of the finance company I work for, there's nothing we can do other than get a judgement, i.e. if you skip trace and find them. Most of these debtors has existing judgements, and you'll have to get in line to garnish if you do it because only one debtor can garnish at a time. And the judgment times out, in NY it's 10 years, when it's your turn as in the case of my employee who has over $100K in judgements, and makes too little to garnish. She also gets social security which is off limits.

[Matt Crawford]

Shepherd - Sounds like you are doing the management yourself. That accurate? How much money in damages are you talking about?