soldier damages home and leaves the state

Colorado Springs, Colorado
General Landlording & Rental Properties
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soldier damages home and leaves the state

Alyse Rzemek
Member since 2023 · 4 posts · 6 votes

I had tenant who decided to join the military to get out of his lease. I received their orders 3 days before they went to boot camp.  He also left my house DAMGED (animal damage, holes in doors, walls, etc.) exceeding the deposit amount. At first his family pretended that they would pay for the damages and would work with me.  Fast forward to 6 months later.  I have tried to take this to court, but Sheriff's department could not serve him.  His family refused service and he has told the peace officer (over the phone) who tried to serve him and that he is out of state and can't do anything about it.  I have his details such as DOB, social and some information such as where he is located.

Is there anything I can do? 

I cannot get a hold of anyone at the base or information to track down his NCO. Is there a way to find out his NCO?

Any insight would be greatly appreciated.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Alyse Rzemek:

Welcome to the BiggerPockets forums!

When a service member is given orders to move or deploy, the Landlord is required to let them out of the lease early. However, the military member is still required to give 30 days notice and pay for that 30 days of rent. If your Tenant left after just three days, they are still obligated to pay you for the 30 days, as well as the cleaning and repairs required.

As you now realize, you can't force them back to Colorado to a court hearing so that door is closed. Contact a collection agency and see if they can help you file a collection against him. If he's in the service, it shouldn't be difficult to track him down and garnish wages. 

Here's who I use and they are very good at collecting.

Donna Deloach
Capital Accounts, LLC
P: (800) 282-3214
F: (800) 296-3317
E: [email protected]

The DIY Landlord Book4.7248 Reviews
WebsiteView Page
4Reply
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  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    Lesson learned, get the commanders contact information before you sign a lease.

    0Reply
  • Alyse Rzemek
    OP
    Member since 2023 · 4 posts · 6 votes
    3y

    Thanks, but he wasn't in the military when he started the lease.  First sentence in my post.  

    3Reply
  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    3y

    What service did they join?   What specifically did it say on the orders?  What town did this occur in?  

    What is an overall estimate? 


    Looks like this is your first post.   What type of real estate investing do you do?

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Alyse Rzemek:

    Welcome to the BiggerPockets forums!

    When a service member is given orders to move or deploy, the Landlord is required to let them out of the lease early. However, the military member is still required to give 30 days notice and pay for that 30 days of rent. If your Tenant left after just three days, they are still obligated to pay you for the 30 days, as well as the cleaning and repairs required.

    As you now realize, you can't force them back to Colorado to a court hearing so that door is closed. Contact a collection agency and see if they can help you file a collection against him. If he's in the service, it shouldn't be difficult to track him down and garnish wages. 

    Here's who I use and they are very good at collecting.

    Donna Deloach
    Capital Accounts, LLC
    P: (800) 282-3214
    F: (800) 296-3317
    E: [email protected]

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    4Reply
  • Madison Blum
    Colorado Springs · Member since 2022 · 2 posts · 0 votes
    3y

    How much are the repairs going to cost you? The unfortunate but honestly best way to handle it may be to simply pay for the repairs out of pocket and move on. At this point you've already spent 6+ months stressing about and dealing with this. In my opinion replacing a door and patching some drywall would not be worth the stress of tracking this person down and dealing with authorities for 6 months. Of course if the damage is extensive you'll have to decide for yourself if it is truly worth all the time and energy spent.

    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    I hate letting bad people off the hook just because it's easier. They will do this again someday to another unsuspecting landlord. You owe it to the community to get a judgement and file it...you may get some $$ back, and it will certainly follow this guy around like a bad dream....

    3Reply
  • Joel Case
    Rental Property Investor · Ocean Springs, MS · Member since 2022 · 349 posts · 301 votes
    3y

    What branch of service? You need to find out who his Commanding Officer is once you determine his command. At that point you reach out to the CO, explain what happened, and I expect that you will get a resolution. 

    1Reply
  • Alyse Rzemek
    OP
    Member since 2023 · 4 posts · 6 votes
    3y

    Hello!  Thank you everyone very much for the responses and insight.  He is in the army and is stationed at Goodfellow AFB in San Antonio. The damage or what he owes after security deposit is $1705. I understand that this might be a lesson learned and cut my loses, but ironically he texted me last night demanding receipts for the damage to verify the charges  ¯\_(ツ)_/¯
    I am plan to try and call up to the base today and see about tracking down his CO and call the collections agency that was posted.

    Thanks for all the insight.

    1Reply
  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    3y

    What town are you in?  Check the closest Army recruiting station and they can help you out.  Leave copies of costs and you contact info.  Tell them where he is stationed. 

    1Reply
  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    3y

    That’s Air Force.  
    What is his name and I’ll see if my brother can get you a NCO and phone number to call

    1Reply
  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    3y

    I pm my brothers name

    And phone number.  Just tell him the situation and the persons name and Base.  Tell him I asked to help. 

    1Reply
  • Alyse Rzemek
    OP
    Member since 2023 · 4 posts · 6 votes
    3y

    Thanks I will send it to you in a PM.  I may have some progress.  I received an email from the base about 30 minutes ago. Thx Henry

    1Reply
  • Bud Gaffney
    Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes
    3y

    @Alyse Rzemek hire a good collection agency. They’ll take a cut, but something is better than nothing! Good luck.

    1Reply
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