Can I legally charge tenants for lost rent?

Question

My tenants moved out, but they cost a lot of damage to the property. It took me more than 2 months to fix everything. Can I legally ask for lost rent because I couldn't put it on the market?

Eliott Elias · Answer

You would have to keep their deposit and take them to small claims court to recoup the damages. Not always effective

Nathan Gesner · Answer

Can you? Yes.

Will it stand up in court? Probably not.

Will the Tenant take you to court? Probably not.

My recommendation is to charge them for everything under the sun. If they try to take you to court, you can always back down and remove the charges that won't fly in front of a judge.

Paul De Luca · Answer

@Guka Kagu

Did you have a security deposit? Do you have pre move in photos and post move out photos?

You could try and go after them for damages to the unit but that will likely be time consuming and expensive with little to show for it by the end of it. If you still want to go that route talk to an attorney.

Blake Johnson · Answer

If you charged a security deposit, you can use that to recoup your damages. If that deposit doesn't cover what's left, send them the bill and collect on it. You can ASK for lost rent but the likelihood of you receiving that is slim.

My recommendation is to charge them for anything and everything, and get the home BACK on the market as soon as possible.

Good luck!

John Myers · Answer

I would take them to court and represent myself.  You likely won't get any money, but you might get a judgement against them.  The judgement will follow them for a while, 7 years in our state.  It will make thier life difficult and they cannot buy a house in NM until the judgement is satisfied.

Matthew Crivelli · Answer

@Guka Kagu

In most cases an old saying rings true... "You can't get blood from a stone" People who rent a home then destroy it usually don't have much to lose. Likely going to be an uphill battle to get anything outside of the security deposit.

Theresa Harris · Answer

You can charge them for repairs, but not lost rent unless they broke the lease and moved out before the lease was up.  As Paul said, you are unlikely to see the money.

Can I legally charge tenants for lost rent?

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