Evicted tenant distroyed my house, how can I be paid for?

Denton, Texas
General Landlording & Rental Properties
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Evicted tenant distroyed my house, how can I be paid for?

Harita Konjeti
Member since 2022 · 38 posts · 9 votes

I evicted a tenant who was not paying. 

He broke the gas line, left his belongings all over, dog poop all over and dog has scratched the sheetrock to make big holes in wall, carpet was torn off.  Is there anyway I can be paid? Any suggestions?

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Account Closed
Member since 2023 · 15 posts · 11 votes
3y

That's really unfortunate.  Going to court can be time consuming and stressful.  It might not be worth your time to go to court.  If I was in this position I would keep the deposit, make the repairs, rent the house, and move on.  It could be a great learning experience going forward.  You might need to tweak your tenant screening process. 

Being a landlord isn't always easy.  Hopefully this doesn't make you stop investing in real estate.  Good luck!

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    How much are the repairs and how much is your deposit?  Take photos and hopefully you have some of just before he moved in. Then you can go to small claims court.  Focus on getting the repairs done and a new tenant in, then deal with small claims court.

    1Reply
  • Harita Konjeti
    OP
    Member since 2022 · 38 posts · 9 votes
    3y
    Quote from @Theresa Harris:

    How much are the repairs and how much is your deposit?  Take photos and hopefully you have some of just before he moved in. Then you can go to small claims court.  Focus on getting the repairs done and a new tenant in, then deal with small claims court.

    The repairs are coming to around 6k. Security deposit is 2500.
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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y
    Quote from @Harita Konjeti:
    Quote from @Theresa Harris:

    How much are the repairs and how much is your deposit?  Take photos and hopefully you have some of just before he moved in. Then you can go to small claims court.  Focus on getting the repairs done and a new tenant in, then deal with small claims court.

    The repairs are coming to around 6k. Security deposit is 2500.

     Provide him with photos and an itemized list.  Tell him you are using the deposit to cover some of the costs.  It is important to see how much time you have from when he moved out until you need to return the deposit or in your case the list of repairs.  It sucks when tenants do this, but sadly it happens.

    1Reply
  • Account Closed
    Member since 2023 · 15 posts · 11 votes
    3y

    That's really unfortunate.  Going to court can be time consuming and stressful.  It might not be worth your time to go to court.  If I was in this position I would keep the deposit, make the repairs, rent the house, and move on.  It could be a great learning experience going forward.  You might need to tweak your tenant screening process. 

    Being a landlord isn't always easy.  Hopefully this doesn't make you stop investing in real estate.  Good luck!

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Harita Konjeti:

    I evicted a tenant who was not paying. 

    He broke the gas line, left his belongings all over, dog poop all over and dog has scratched the sheetrock to make big holes in wall, carpet was torn off.  Is there anyway I can be paid? Any suggestions?


     Clean the place up, then send him a bill. If he refuses to pay, you can take him to court. He'll still refuse to pay, so then you have to send him to collections and hope they can squeeze something out of him.

    The DIY Landlord Book4.7247 Reviews
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  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    You can take him to small claims court, don't waste your money if the damages are not significant. 

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  • Steve Ehrman
    Troy, MI · Member since 2019 · 61 posts · 20 votes
    3y

    @Harita Konjeti. We recently had a collections attorney speak at our REIA. He said that we should always get money judgements on bad tenants. He will pursue payment for many years. He files against wages and tax returns. He even kept one open for 15 and collected when the tenant received any inheritance

    1Reply
  • Harita Konjeti
    OP
    Member since 2022 · 38 posts · 9 votes
    3y
    Quote from @Theresa Harris:

    How much are the repairs and how much is your deposit?  Take photos and hopefully you have some of just before he moved in. Then you can go to small claims court.  Focus on getting the repairs done and a new tenant in, then deal with small claims court.

    The repairs came to 12k and sent bill to tenant. The tenant says that she will  not pay anything and it was my risk for filing eviction and leads me to thinking that this was done on purpose. I can go to small claims court. If anyone have experiance of how they went about please message me. 

    1Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    Hopefully you well documented with photos both before move in, and after move out. Some of the damage may be able to be submitted to your insurance as vandalism, but you would have needed to make a police report. It may be too late for that. Also, Small Claims Court usually has a limit...check what your local limit is, you may not be able to claim the full amount. Small Claims is typically very simple, you walk into the appropriate courthouse and locate the area where filings are made. They will likely have helpful staff that can provide you the necessary form and guide you somewhat in how to fill it out. They will also answer your questions about the process. There is a small fee, probably under $100, to file the complaint with the Court.
    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y
    Quote from @Harita Konjeti:
    Quote from @Theresa Harris:

    How much are the repairs and how much is your deposit?  Take photos and hopefully you have some of just before he moved in. Then you can go to small claims court.  Focus on getting the repairs done and a new tenant in, then deal with small claims court.

    The repairs came to 12k and sent bill to tenant. The tenant says that she will  not pay anything and it was my risk for filing eviction and leads me to thinking that this was done on purpose. I can go to small claims court. If anyone have experiance of how they went about please message me. 


     The fact that she said that was the risk of filing for eviction strongly suggests it was deliberate. I hope she was stupid enough to put that in writing.

    0Reply
  • Harita Konjeti
    OP
    Member since 2022 · 38 posts · 9 votes
    3y
    Quote from @Theresa Harris:
    Quote from @Harita Konjeti:
    Quote from @Theresa Harris:

    How much are the repairs and how much is your deposit?  Take photos and hopefully you have some of just before he moved in. Then you can go to small claims court.  Focus on getting the repairs done and a new tenant in, then deal with small claims court.

    The repairs came to 12k and sent bill to tenant. The tenant says that she will  not pay anything and it was my risk for filing eviction and leads me to thinking that this was done on purpose. I can go to small claims court. If anyone have experiance of how they went about please message me. 


     The fact that she said that was the risk of filing for eviction strongly suggests it was deliberate. I hope she was stupid enough to put that in writing.

    Yes it is in email.
    I replied to her, "What risk are you talking about", no reply yet.

    1Reply
  • Anthony Cortello
    Member since 2022 · 25 posts · 4 votes
    3y

    Unfortunately i dealt with the same exact issue & there is not much you can do. If you go to court they will deduct the $2500, plus the lawyers cost will make it not worth your time. It sucks but it is part of the deal. 

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