Landlord Question and Answer Forum

I have/had a tenant that owes 3 months back rent. I informed her that I would not be renewing the lease and that she had 6 weeks to move out. I also set up a payment plan so she could get the back rent caught up. When she informed me that she would not be able to find a place to live in 6 weeks (not enough time) and that I would not be getting any more money (she needed it for moving expenses) I gave her 3 days to pay half of what she owed or I would begin official eviction action. When I went to the house at the agreed upon time to collect the payment I found that she had moved out. She left the house a mess, leaving a number of items in the home and garage. I found damaged property (kicked in doors and broken windows) and she had taken the refigerator (belongs to the property and listed in the lease). I am new at this and have no idea how to move forward. I have changed the locks on the house. What legal recourse do I have for any of the above issues? (Thanks for helping!!)

First things first.....make sure you document and take pictures of ALL damages. Get your receipt for the purchase f your refrigerator if you have it. Make sure that you prepare a statement of the damages against any security deposit that you accepted at the inception of the lease. This must be done according to your states timeline and requirements. In most states, you may add the unpaid rent and late charges to this. Send the notice to your tenant at their forwarding or last known address or to the actual apartment itself if you do not have a forwarding address. I would send this regular mail as well as return receipt requested. I would also call the police department and file a criminal report for the theft of the refrigerator. Some jurisdictions will permit this. In your statement that you mail to them, give them a specified amount of time to pay the balance owed to you. IF you do not receive it, file a civil law suit for your damages. Ultimately, I would contact an attorney, as they can agressively go after this tenant.

Posted by Donna , NC on Wednesday, November 3, 2010

Thanks!! I have my attorney helping me out. We have created a list of damages and a cost report to fix the damages. I have had a general contractor help with the cost report so it is as accurate as possible.The refigerator is listed in the cost report, I do not have the receipt. I have taken extensive pictures. I truthfully do not expect to recoup any of the back rent or be compensated for the damages, but a legal decision againt her woud be nice!!

Posted by Rachelle B, TX on Thursday, November 4, 2010