Victory after tenant trashed apartment!

Victory after tenant trashed apartment!

Portland, ME · Member since 2012 · 616 posts · 550 votes

I recently made some tenants move out of their 2 bedroom apartment because they were allowing their dogs to urinate all over the floors and carpets. The downstairs neighbor said he'd never seen them take their dogs out in a year. The smell was incredible, burned my throat when I went in there! I also found a drug pipe in their apartment, so I think they were often too stoned to care. I had to rip out the flooring and some underlayment and seal the entire subfloor with Kilz.

The tenant soaked the apartment in deodorizer and thought she'd get her deposit back. I never told her she would not, just that I would send her a statement. Once I had a quote from my contractor for a new floor, I sent her a statement with the charges she owed and a summons to small claims court. Since she thought she was getting a check, she signed for the certified mail and saved me the cost of having her served by the sheriff.

Her mom promptly called to argue with me about it and told me she had nothing so I'd never collect. I told her that I wanted it on her record so she could never do this to another landlord. Next, they offered me $2000 (the total was $5500). They said to take that or she'd declare bankruptcy and I'd get nothing. Very cocky. I didn't respond so they called me again to offer more. We settled at $2500, which she would get from her grandmother. I had her sign a statement that the boyfriend is responsible for the remainder, so it'll help when I file against him.

Yesterday I got the bank check! I would rather they had not trashed the apartment, and I'm making no profit from this settlement, but feel satisfied that justice was served with this tenant. Everybody told me not to bother with small claims court, but it really worked for me, and I didn't even have to go to court!
I just wanted to share my little victory story, they seem rare these days.

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Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
13y

Glad to hear you got some compensation. BTW...many people think small claims court is not worthwhile. I live in SW Florida and used to do small loans. I hardly ever let anyone beat me out of money without filing a suit. I did this by myself because the attorneys wanted to soak me dry regardless of the outcome. Anyways, depending upon your state laws, you can often seize property from the debtor after receiving a judgement and doing the proper paperwork. I only went after their vehicles. It is amazing how many got a conscience and paid me off once their vehicle was seized by the sheriff dept:) On top of that, in FL if they wanted to pay the amount after their vehicle was seized I also received an additional $500 liquidation fee. On a judgement where they owed me $300 I would receive over $800 after interest and the liquidation fee. If you need to use small claims, check your state laws regarding recovery. I never used an attorney for this--did the work myself. It was really quite easy...and sometimes when I tell people this story they can't believe I had peoples car seized for a debt even though I didn't have a lien on it. Look in you legal notices for sheriffs sales and often times they are selling items to help a creditor collect. Small claims can be worthwhile!

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    Good work! Sometimes your efforts do pay off.

  • Investor · Oklahoma City, OK · Member since 2012 · 82 posts · 10 votes
    13y

    Wow Amy Arata, what a story! I'm glad you were able to recoup some of the cost. And I like that you were able to avoid paying the serving fee, very clever. Too many businesses pass on taking deadbeats and thieves to court. It's nice to know you held them accountable for their actions. I've seen so many business owners suffer because the last business was too lazy or embarrassed to take legal action to prevent the issue from happening again. Hats off to you, and good luck on the BF...hope his grandma is flush with cash too :)

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    13y

    Glad to hear you got some compensation. BTW...many people think small claims court is not worthwhile. I live in SW Florida and used to do small loans. I hardly ever let anyone beat me out of money without filing a suit. I did this by myself because the attorneys wanted to soak me dry regardless of the outcome. Anyways, depending upon your state laws, you can often seize property from the debtor after receiving a judgement and doing the proper paperwork. I only went after their vehicles. It is amazing how many got a conscience and paid me off once their vehicle was seized by the sheriff dept:) On top of that, in FL if they wanted to pay the amount after their vehicle was seized I also received an additional $500 liquidation fee. On a judgement where they owed me $300 I would receive over $800 after interest and the liquidation fee. If you need to use small claims, check your state laws regarding recovery. I never used an attorney for this--did the work myself. It was really quite easy...and sometimes when I tell people this story they can't believe I had peoples car seized for a debt even though I didn't have a lien on it. Look in you legal notices for sheriffs sales and often times they are selling items to help a creditor collect. Small claims can be worthwhile!

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    13y

    Great news Amy Arata!Very happy to hear that. I've gotten judgments against 2 tenants that trashed our properties. One was on disability and we knew we'd never collect from him but the judgment is on his record. The other one we also won the judgment on, but so far, the attorney can't seem to find him. Which means we have to.

  • Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes
    13y
    Originally posted by Amy Arata:
    I recently made some tenants move out of their 2 bedroom apartment because they were allowing their dogs to urinate all over the floors and carpets.

    I am going through that now for the same reason. It was near the end of their lease so I just let the lease expire and did not renew. It sounds like you were more in the middle of your lease term. How did you do the eviction? How did it go? Did you change your lease or policy regarding pets?
    It just amazes me that tenants think it is perfectly fine to let their dogs use my house as a latrine. Now I have dark stains all over my wood floors!

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    13y
    Originally posted by Aly L:
    Great news Amy Arata!Very happy to hear that. I've gotten judgments against 2 tenants that trashed our properties. One was on disability and we knew we'd never collect from him but the judgment is on his record. The other one we also won the judgment on, but so far, the attorney can't seem to find him. Which means we have to.

    Check your state laws and see if you can seize property if you have won a judgement. Once I got a judgement ( living in Florida ) I would have the clerk of courts issue a writ of execution. Then I took it to the sheriff, posted a bond, gave the sheriff department the description of property I wanted seized (exclusively I would give them the debtors vehicle info). They would seize it. The debtor then had an opportunity to pay the debt or the vehicle would be sold at a sheriff's sale. I always got what I was owed and then some. I have heard of creditors seizing businesses, cars, boats, and even RE (as long as it was not homesteaded).

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y

    Big ups to you.

    I love this story. That certified mail trick is awesome. I will try that some time.

    Legal action often gets the job done. Even the threat of legal action works. Tenants are often ignorant of the legal process and think they can crap all over landlords without consequences.
    I recently explained to my tenant how not paying last month's rent would affect him in the future- court & background record, banks won't lend you money to buy a house, landlords of nicer properties won't rent to you, etc.
    Ultimately he decided to pay the rent.

    The only downside to this story is that the tenant will likely trash someone else's apt because you settled, and it's not on their record.

    Oh, and this is a perfect example of why I don't allow pets. Too much risk, too little reward. Pet deposit? gimme a break.
    I thought ceramic tile floors would be pet resistant, but now I understand urine can be trapped permanently in the tile grout too.

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    13y

    Thanks John Thedford, I'll do as much as you suggested but I'm sure we need to find his address first. I have a friend that works at the post office and there is a type of mail forwarding or request for new address service. I'll find out tomorrow.

    I've sent certified mail on many occasions to tenants, along with a copy by regular mail as our attorney told us. They have rarely picked up the certified letters. But if they were expecting a check...that's awesome :)

    We also recently had a tenant that insisted the lease said she could use the security deposit as the last month's rent. She of course could not find that clause in the lease when pressed, because it didn't exist, but she refused to pay the last month. I posted a Pay or Quit notice on her door on day 5, and she said she would leave on the 14th. She did...but we deducted the full rent, the late fees, and everything we could find as damage. She ended up owing us $35 beyond her security deposit, but of course it wasn't worth pursuing.

  • SFR Investor · Los Angeles, CA · Member since 2013 · 134 posts · 16 votes
    13y

    100% agree.

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    13y

    Don't forget to put "check enclosed" on the outside of the envelope :)

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    13y
    Originally posted by Aly L:
    Thanks John Thedford, I'll do as much as you suggested but I'm sure we need to find his address first. I have a friend that works at the post office and there is a type of mail forwarding or request for new address service. I'll find out tomorrow.

    I've sent certified mail on many occasions to tenants, along with a copy by regular mail as our attorney told us. They have rarely picked up the certified letters. But if they were expecting a check...that's awesome :)

    We also recently had a tenant that insisted the lease said she could use the security deposit as the last month's rent. She of course could not find that clause in the lease when pressed, because it didn't exist, but she refused to pay the last month. I posted a Pay or Quit notice on her door on day 5, and she said she would leave on the 14th. She did...but we deducted the full rent, the late fees, and everything we could find as damage. She ended up owing us $35 beyond her security deposit, but of course it wasn't worth pursuing.

    If you have judgements of any size I use the county car tag office to obtain vehicle information. As long as I show them a valid judgement they provide the information including types of vehicles owned, last registered address, amounts paid for the vehicles, and liens (if any). Not once did I lose money putting out a hit on their vehicle..on the contrary..I always got paid plus the $500 liquidation fee. State laws vary. Check yours. I had no legal guidance...just asked enough questions...and things worked out. I went after debtors owing as little as $200 knowing I would get over $700 if they wanted their car back. It worked well. They always got a conscience after the sheriff department seized their car. I even had a hit put out on a company's tow truck..and they were extremely fast to pay off:)

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y
    Originally posted by Steve Babiak:
    Don't forget to put "check enclosed" on the outside of the envelope :)

    Hahaha. Noted.

    Might consider adding a "Booya" note inside.

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    13y

    You are far more informative and persistent than my attorney!! Thanks so much.

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y
    Originally posted by John Thedford:
    I even had a hit put out on a company's tow truck..and they were extremely fast to pay off:)

    I will follow your example. Sounds like fun.

    My tenant, who tried not to pay last month's rent, also recently bought a new car. I would have loved to see his reaction to getting his car impounded.

  • West, MI · Member since 2012 · 674 posts · 182 votes
    13y

    Has that bank check cleared?

  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    13y

    I had my bank call her bank to ensure that the check is good and it is, so it's now safely in my account!

    Their lease was expired and had turned into month-to-month. I had them served with a 30 day notice to vacate for no cause. It's better not to give a reason so they can't make up a defense. I'm thinking of changing to all month-to-month rental agreements for this reason. They left after 30 days, so I didn't have to go to court to evict. After all this, I'm seriously re-thinking my pet policy. When I was a young woman living alone I really liked having a dog in my apartment. If he damaged anything, I'd simply pay for it. I always thought that if I became a landlord that I'd allow dogs, but am realizing that responsible people aren't all that common.

    It was really hard to let her think she'd get a refund because I was so angry and wanted to tell her exactly what I thought of her. I kept our conversations very short so I wouldn't lose my cool. Self-control was worth it in the end! I also have learned never to threaten to evict anybody, I just serve them with the notice so they'll open the door. Lately, I've had good tenants except for this one. She was good at first, until drugs entered the picture!

  • West, MI · Member since 2012 · 674 posts · 182 votes
    13y

    Like I've said before "no pets, no exceptions" for me anyway.

    When I was first starting out everybody that wanted to rent had the best dog on the planet, so they said. So I would give in well that perfect animal would do unthinkable thinks.

    Now its the second question when somebody inquiries.

  • Buffalo, NY · Member since 2013 · 106 posts · 75 votes
    13y

    Wow you are in the very lucky minority for these types of situations. I've rarely seen them work out like it has with you. Nice job sticking to the script and following through!

  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    13y

    Here's a new plot twist: I got a call today from State Farm Insurance saying the tenant had made a claim on her rental insurance and they wanted to verify the claim with me. What the heck? Can you damage an apartment and get reimbursed by your rental insurance? I haven't called back yet, but am curious about what she told them. I'm also irritated that she was paying for rental insurance for her junk while she was always struggling to pay her rent!

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y
    Originally posted by Amy Arata:
    I'm also irritated that she was paying for rental insurance for her junk while she was always struggling to pay her rent!

    If there's one thing to protect, it's her junk.
    Rental insurance is actually cheap.

    Sounds like she's trying to get reimbursement from the insurance company for some bogus reason.
    I think all you have to do is tell the truth, that she trashed the place, and her claim might be denied.

  • Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
    13y

    Amy Arata Great story, glad you pursued it. Rental insurance is usually cheap. Regarding the plot twist, I would call them back and tell the truth. They may request your quote/documentation of the damages and deny her claim (seems like negligence to me). I am curious to see how this will play out.

  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    13y

    Great story, keep us posted on the insurance angle.

  • SFR Investor · Watkinsville, GA · Member since 2011 · 83 posts · 33 votes
    13y

    Amy Arata. It sucks that all of this is happening to you but I have to say I enjoyed reading through this post. Some renters crack me up thinking you owe them for trashing your place.

  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    13y

    I'm in disbelief! Part of my claim against her was for cleaning and painting due to the dog urine and feces and also marijuana smoking. She made the claim against her insurance because they cover smoke damage!!!

  • Investor · El Paso/Socorro, TX · Member since 2012 · 365 posts · 75 votes
    13y

    Very entertaining, smoke damage, lol. I'll have to remember that one when I kick out a smoker in the future. By the way, did you know you can file an insurance claim for smoke damage? Funny!

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