Tenant destroyed property upon eviction

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Tenant destroyed property upon eviction

Michelle McAlister
Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote

My tenant in Florida destroyed unit (duplex) upon notice of eviction. Broke windows, punched holes in all the walls, damaged appliances.  Do any of you file legal action to collect or do you let it go?  I have a property manager on this property.

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Jennifer L.
Investor · San Jose, CA · Member since 2015 · 246 posts · 183 votes
10y

@Michelle McAlister 5 evictions in two years for 12 units sounds very high.  Have you considered new management?  

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  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    Review PM agreement - - they should chase this for you (for a fee).

    Damage upon notice or upon sheriff's pushing them to the street?

    Get all the pictures you can w/o entering the unit.

    0Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    They damaged it upon notice, so they left without anybody knowing.  I will ask for PM Agreement, thanks

    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Hopefully you properly screened and have all the info to take them to court. Additionally you need to confirm that they are collectable, they have a job and is not a dead beat.

    I personally take all my tenants to court that owe me any money greater than $100. Small claims court is simple and the costs fall on the tenant.

    Make sure you have contractors do all the repair work and have all the bills to show in court. Do not do any repair work yourself as the courts attribute zero value to a landlords time.

    3Reply
  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    10y

    Police called? 

    0Reply
  • Rolanda Eldridge
    Investor/Realtor · Hoover, AL · Member since 2010 · 1k+ posts · 459 votes
    10y

    Depending on cost.  You will learn quickly if it's worth the effort.  But I am my own PM...

    0Reply
  • Neil Schoepp
    Real Estate Investor · Milford, PA · Member since 2014 · 395 posts · 299 votes
    10y

    @Michelle McAlister

    I would start proceedings against them. More for me though than anything else. When judgement comes down I know I'm not going to see a cent so some, even most may say then why waste your time. 

    1. It's a pride thing 

    2. So I have the fortitude in how I speak to others and relay to them that I don't play games. This is more done in none verbal ways. Body language, tone of voice, how I carry myself.

    After the dust settles you should review the tenant selection process. Hind sight is always 20/20. But use this to evaluate what could have been done differently. Did you have a feeling but nothing concrete well next time listen to that feeling. Did the PM place the tenant? Under what creteria and guidelines? Did they drop the ball? 

    Don't beat yourself up over this. Sometimes they just fall through the cracks regardless of what we do. 

    Evaluate and learn from this.

    Above all else don't give up. As an investor you should know that This exact senerio is what we look for. We as investors search for a placement that goes bad, really bad such as what happen here. We then swoop in and pick up a gem of a property at bargain basement prices, just because of that fed up feeling you have right now. Fight through it will get better.

    1Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    No, police did not get involved.  I wish I could manage myself, I'm in California and duplex is in Florida.  I have never even seen the units.

    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Statistically most that are taken to court do end up paying. Depending on your state regulations.

    0Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    Thanks Neil.  I have been doing this for 3 1/2 years and 50% of the time I am frustrated.  I only have 12 units and in the process of two evictions.  I did three evictions in 2015.  My luck is not good.  All units are professionally managed.

    0Reply
  • Jennifer L.
    Investor · San Jose, CA · Member since 2015 · 246 posts · 183 votes
    10y

    @Michelle McAlister 5 evictions in two years for 12 units sounds very high.  Have you considered new management?  

    4Reply
  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    10y
    Originally posted by @Jennifer L.:

    @Michelle McAlister 5 evictions in two years for 12 units sounds very high.  Have you considered new management?  

    Or a new property.  Good tenants are not attracted to crap properties.  Crap tenants are attracted to nice properties.  That is where you need to do your weeding.

    1Reply
  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    10y
    Originally posted by @Michelle McAlister:

    No, police did not get involved.  I wish I could manage myself, I'm in California and duplex is in Florida.  I have never even seen the units.

    Why?  If only for your insurance company.  But next time visit the property BEFORE the notice and take photos.

    0Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    @Jennifer L. - 3 different management companies in 3 different states.  I have bad luck with tenants.

    0Reply
  • Erika G.
    South, FL · Member since 2015 · 24 posts · 1 vote
    10y
    What city in Florida is the duplex in?
    0Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    Lehigh Acres (Fort Myers area)

    0Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    Michelle.. I had a tenant absolutly destroy one of my rentals.. ( ergo I am retiring from the business LOL)

    but it was so bad insurance covered it for not being normal wear and tear and willful destruction.  And I subregagted my claim to them and they actually went after them criminally...   it was 40k in damage in a home that I paid 115k for.   

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    3Reply
  • Account Closed
    Real Estate Agent · Fort Myers, FL · Member since 2015 · 9 posts · 4 votes
    10y

    Sorry to hear about your misfortune in Lehigh Acres. I actually in the area and understand how the rental population can get some times. I often see the littered yard and busted windows after tenants leave so I know what you're going through. 

    0Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    thanks Lemec, I think I need to exit this area.  This duplex was a 2015 build and was beautiful but I had no idea the tenants were so bad.

    0Reply
  • Michelle McAlister
    OP
    Investor · Sunland, CA · Member since 2015 · 14 posts · 1 vote
    10y

    Wow Jay, hard to recover from.  I will be leaving this area.  I'm having a tough time making this work.  No idea cost of damages yet.  

    0Reply
  • Erika G.
    South, FL · Member since 2015 · 24 posts · 1 vote
    10y
    My mom use to own a vacant lot in Lehigh Acres and although I know the city has been grown over the years there's still a big selection for renters to choose from so that's probably why they don't care to get up and leave. Sorry to hear about your situation.
    0Reply
  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    This is something that many landlords fear when they begin the process of eviction; tenant revenge. 

    Frankly, I'd consider filing criminal charges against this tenant.

    I did this once on a pair of tenants who were evicted and, among other issues, stole two of my carpets.  Took a bench warrant out on the female as she was the one with the more stable job.  Took almost two years before I got notice that she had been arrested.    This might have been for the most mundane of reasons (i.e., a routine traffic stop to check for proof of insurance, for example).  Took some more time to have the court hearing.  I was asked what punishment I wanted.  Jail time?  Return of the carpets (heavens no!)?  Reimbursement?

    I opted for reimbursement.   I still had the receipts for the carpets.   Took the woman nine months (longer than the six months she was ordered to pay back) but I got the money back for these.

    I really wanted her current address so I could file on her for the further damage she had done to my rental but no luck.  Took that damage off on my taxes....but at least I got some satisfaction knowing she now carried a record of what she had done.

    Oh...and the cost of the bench warrant in my county involved some running around and paying all of $10 for this.

    Would I let what you posted go if I were you?  No way.  If I could not bring this tenant up on civil charges (because I was unaware of their new address to have them served) I'd seriously consider filing criminal charges with the hope that they'd be picked up some day on a traffic violation and spend some time enjoying the attention of a cellmate.   

    Some tenants take out their anger of an eviction on your property BECAUSE THEY BELIEVE THEY CAN GET AWAY WITH DOING SO and that their former landlord can or will do nothing to hunt them down and make them pay one way or the other for this damage.

    Gail

    3Reply
  • Jim Shepard
    Investor · Edwardsville, IL · Member since 2015 · 432 posts · 481 votes
    10y
    Michelle McAlister I feel your pain. Like the others have said, I would get the police involved immediately. Hopefully before repairs are started. Jay Hinrichs has a great idea on turning it into your insurance company. I am very familiar with Lehigh Acres since I have a second home in Estero and 3 rentals in Cape Coral. I looked at Lehigh when I was buying rentals in the Cape. My realtor, who is female, said it is the only place that she carries a gun for protection when showing houses. It can be a tough neighborhood in the Fort Myers area. There are bad areas in Cape Coral as well, so you have to know the area like any other town. If you want to pm me, I'll give you a name for property management that does the FM area including Lehigh Acres. Hopefully all of the newbies reading this will learn something...I never buy a property sight unseen. I don't mean that as a slam against Michelle but don't learn the lesson the way she did. I know I invested a few thousand dollars in plane tickets when buying the rentals in the Cape. I haven't had any evictions with the 3 there in almost 6 years that I have owned them. Actually I have never had to do a single eviction in the 13 years of landlording with all of my rentals. Is it luck or proper screening?
    3Reply
  • Account Closed
    Real Estate Agent · Fort Myers, FL · Member since 2015 · 9 posts · 4 votes
    10y

    Though you had a bad experience I'd advise on staying with the Lehigh duplex. There is a lot of potential here and I'd hate for anyone to miss out on the up swing. At the very least just change PM and qualify tenants (not saying you weren't already)

    0Reply
  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    10y

    More than likely you cannot get criminal charges filed. Usually the police will say it is a civil case. Anyways, here are a few thoughts:
    1. I would go after them in court if you can prove it. If your case is under 5K you can sue in small claims.
    2. I would definitely find a new PM company. I have someone I would recommend.
    3. I would get MUCH higher security deposits that what they are probably getting. I believe my lowest one is 2K and many run $2400. Many people will not want to talk away from the much money. I don't collect the last month due to the high deposit.
    4. I have had 2 evictions. Neither destroyed the property. I was able to legally keep ALL of their deposits which greatly offset my loss of rent and associated costs.

    Personally I am not fond of Lehigh though lots of money is being made there. I have had more difficulty finding higher quality tenants and the rents are not nearly as high as Cape Coral.  My Lehigh houses bring in under 1K a month. The lowest rents I receive in the Cape are $1200 per month, the quality of the houses are higher, and the quality of the rental applicants seems to be higher. I have two houses I am selling in Lehigh and I am going to purchase 2 more in Cape Coral as replacements. I highly recommend you consider new management if you feel the companies you are using are not going a good job. Don't give up! Do talk to your insurance company to see if they will cover any part of the damage. If they will, post their info. There are a lot of BP readers that might want to use them! Maybe many of us don't have the same coverage as @Jay Hinrichs had.

    3Reply
  • Account Closed
    Investor · Bushnell, FL · Member since 2016 · 456 posts · 224 votes
    10y

    all great advice , so opal I have to add is good luck and God Speed 

    0Reply
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