Should I take inherited tenants to small claims for $3000

[Ellen Feiss]

Thanks to this community

I inherited 1 unit with bad tenants who had 6 months left on their lease. Thankfully they're out now and I'm in the process of moving new people in. I could have evicted them for lease violations earlier, but I don't have the new lead certification required in providence and therefore, did not want to take them to court for lease violation, potentially lose, and have these bad tenants learn about the new lead law - they would be aware I did not have it and they would have stopped paying. the new lead law allows tenants to pay into escrow if you don't have the lead cert. I couldn't risk this.

I have about $3500 in repairs that are well beyond wear and tear -- smashed out windows, dog chewing of window and door trim, destroyed wood floors. Total in repairs is creeping up toward $4500/5000 -- their deposit is $1500 (old lease) = around $3000 in damages. I have a few pictures of the apt prior to their move in but not extensive documentation, because the old owner didn't have good processes. They've been in the apartment for 7 years. 

I'm wondering if other landlords in Providence think taking them to small claims is worth it. I wouldn't hire a lawyer, I will just go with all my documentation. I plan to send them a bill and let me them know I'll also mail the bill to their current landlord for his information should they choose not to make it right. I don't think they'll pay but I know they have money. Any thoughts appreciated! 

[Greg M.]

I love posts like this. Would you REALLY piss away $3,000 of your own money? 

File suit and select how they are served: 20 minutes, $100. Prepare getting documents ready, labeled, and in proper order. 30 minutes? Go to court and tell story / show your paperwork. Worst case a couple hours in court. 

So $100 and a couple hours to get a judgment for $3,000. <Insert can't collect BS>.  Most states allow wage garnishments and bank account levies. Collection agencies and attorneys will do this for you is you don't want to do it yourself. There are tens of thousands of them in the US. They wouldn't be in business if they didn't collect.