Landlord Question and Answer Forum

My tenant snuck out in the middle of the night on 10/1. She was on a month to month lease with 30 days notice required. She left considerable damage to the unit, did not clean the unit as indicated in her lease, and did not provide me any notice. I have one months rent as deposit, but that will not likely cover damages plus cleaning fees. She relocated out of state to Washington, I think. I am wondering my best course of action: 1) formally "evict" her for nonpayment of rent for this month; or 2) take her to small claims court or landlord tenant court to try to recoup damages, cleaning fees, etc. I am new to the game and feeling burned--any advice is appreciated.

First thing you want to do is document ALL damage with lists and pictures! Then you want to document with receipts, etc... the cost to repair. I would contact your local court as many have maximum requirements for filing in small claims. But if you are under those requirements, I would go that route. Waiting for a formal eviction can take precious time that you could use to renovate and get ready for your next tenant.

Posted by Donna , NC on Monday, October 13, 2008

Once the tenant has removed all or most of their belongings the tenant is considered to have abandoned the property. At least in Indiana, I know this to be true. For future reference, you may want to add an abandonment clause to yoour lease/rental agreement.

Posted by Rodney C, IN on Sunday, November 23, 2008