Landlord Question and Answer Forum

This property is in South Carolina. My tenants signed a lease and renewed, but since that time it expired. They moved out and notified me the day the rent was due. The house looks like it has not been cleaned in at least 6 months, left a pile of trash four feet high, damaged flooring, carpet, siding and decks were unkept, covered in mold and the grass was over a foot high. They shut off the utilities prior to notifying me and It has taken a month to get it ready to rent again and I am in the hole the rental amount plus about 2K just to get it cleaned, siding pressure washed carpets cleaned, lawn mowed and trash removed. The carpet may actually need to be replaced due to a lingering pet smell. I have seen huts in the middle east with dirt floors that were cleaner than this place. I have tons of photos of the damaged and the disgusting mess they left behind. What are my chances of winning a claim if I took them to court? Can I charge them for the time it has taken to get it ready to be rented and all necessary cost including legal fees? Do I have a leg to stand on since the lease was expired even though they kept paying for the last year?

utilities, unless it’s in your contract. I suggest that you contact the various utility companies and see if you can have the utility automatically transferred to your name when tenant closes account. The only one in CA is PG&E….Next, tenants are required to give you a WRITTEN Notice that they intend to vacate, not verbal. Most contracts state that if a lease is not renewed, it reverts to a month-to-month. Check you local/State laws as to how much you can expect in rent/penalty damages and from what date….. As for damages, you have to prove the condition tenant received property and compare it to condition when they vacated. You’re probably also required to send them a letter showing the Disbursement of Security Deposit……Chances of winning in Court depends on the above mentioned and how you present it to the Court. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Tuesday, September 18, 2012