Tenant damage costs more than deposit and exceeds small claims limit

[Jeannette Albiez]

I co-own a house with my sister.  We had a tenant who just moved out.  We knew the house would be messy but were not prepared for the extent of the damage.  Apart from many holes in the walls, the tenant had put screws into all the window frames some of which went all the way through to the outside.  Our lease said no holes in the walls.  We have temporarily filled the holes for a new tenant but it doesn't look great.  The windows are not wood but rather aluminum.  In my financial statement to the tenant concerning the deposit I itemized all the deductions.  The window contractor gave a quote of $13K just for the window replacement.  This exceeds the small claims court's limit of $10K.  I think it is only reasonable for the windows to be replaced.  Can I still go to small claims court and try to get the first $10K there?  Do I have enough of a case to hire a lawyer and sue her outside of small claims court?  We will likely sell the house when the current tenant moves out so leaving the holes (even filled) is not an option.  Thanks in advance

[Nathan Gesner]

Quote from @Jeannette Albiez:

1. Charge depreciated value of the windows, not the whole cost of new windows. The contractor can probably help you determine remaining value of the damaged windows.

2. You are unlikely to collect a dime, so don't worry about how big of a judgment you can get. I would charge them for every possible thing, knowing the judge will likely reduce what you can actually claim and you'll end up below the $10,000 limit.

3. You may never collect a dime from them, but you should still take them to court and seek a judgment, then turn that in to a collection agency. It will sit on their credit and prevent them from qualifying for a loan or taking advantage of another landlord. They may try to buy a house a few years down the road and pay you off.

4. Inspect!!! I'm 99.72% certain this damage didn't occur during their last few months of occupancy. Inspect your property regularly and hold tenants accountable before the problems get out of hand.