I have a tenant in Connecticut on a month-to-month lease who notified me a week ago (around mid-March) that she is moving out. She hasn't paid rent for March and the month-to-month lease requires a 30 day notification policy prior to termination so technically, she owes rent for April as well. I was going to use her security deposit to cover March's rent until I saw her unit. Her dogs destroyed the porch. The dogs urinated all over the floor and I will have to tear up and replace the floors, sheetrock, etc.
What are my options here? Is it worth small claims court? I do not know where she moved to so I have no way of contacting her other than via phone.
Investor · Morrison, CO · Member since 2015 · 221 posts · 177 votes
5y
Just like what @Levi T. said, I hope that you have a previous tenant application which includes all that information. I know sometimes inheriting a tenant you may not have this pertinent information of DOB and SSN, and I've learned the hard way of not gathering this information ASAP after taking over properties. I want to AT LEAST send it to collections and have it hit their record so that hopefully the next landlord that runs their information will see this and won't rent to them. Unfortunately there isn't a lot of recourse in our system against tenants and it's not a great use of our time and energy to do small claims. Hopefully you have at least some of their deposit and then you can submit to the collection agency of choice to hit their credit and reporting. Trust me when I say, I know what you're going through!
Just like what @Levi T. said, I hope that you have a previous tenant application which includes all that information. I know sometimes inheriting a tenant you may not have this pertinent information of DOB and SSN, and I've learned the hard way of not gathering this information ASAP after taking over properties. I want to AT LEAST send it to collections and have it hit their record so that hopefully the next landlord that runs their information will see this and won't rent to them. Unfortunately there isn't a lot of recourse in our system against tenants and it's not a great use of our time and energy to do small claims. Hopefully you have at least some of their deposit and then you can submit to the collection agency of choice to hit their credit and reporting. Trust me when I say, I know what you're going through!
**inheriting a tenant** Don't even get me started 😂.. My all time favorite is buying a bunch of units from the HOUSING AUTHORITY. One of the units parentally had a small fire from the HVAC system year prior. I dropped by to inspect after closing, and the tenant's 5y is running in circles in the living room. While I'm talking to these new tenants I just inherited, they inform me there is a hole in the living room floor, and point to the spot in the carpet, which I then put my foot on, and promptly fall through to my knee, while their child keeps running in circles around me. I get up, and I'm like this place is condemnable, while they are like no-no, it's totally fine... A week later the SWAT raided the house for drug dealing. Old landlords become slumlords I have learned, and tenant onboard forms are so-so-so important, name, address, phone, email, ss, and dob... because 99% of them folks are getting evicted within 12 months or less, and the only option is to toss them to a collection company, and forget about it.
Rental Property Investor · Northern NJ · Member since 2016 · 341 posts · 144 votes
5y
@Garrett Knecht you should be very happy that she left, she could’ve stayed six months and Not pay you and you couldn’t have done anything regardless.
Don’t look behind, look forward swallow the loss and move on.
As far as small claims court go: these people usually never have anything in their bank account in excess of a couple of hundred dollars, they are essentially judgment proof.
Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
5y
If you have a good collection system in place it makes sense. Find a local collections company that will work with you. Get a reputation for sending people to collections.
Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
5y
This happened to me last year. I just took my losses and moved on. I don’t sweat the small stuff. Things happen and it’s not worth it to me to waste time and energy dealing with stuff like this.
What are my options here? Is it worth small claims court? I do not know where she moved to so I have no way of contacting her other than via phone.
I'm always stunned at the amount of people on this forum that will tell others to just write off a large loss. These are the same people who will post, boasting about raising the price of the laundry by 25c and that this will produce an extra $4 a month in income. Yet, they tell someone with a major loss to just let it go.
Figure out your losses ASAP. Send a breakdown and demand notice to the tenant at their old address with Address Service Requested. USPS will provide you with their new address as long as a forwarding order has been submitted.
If no response, file in small claims court.
Turn judgment over to collection agency. They can work to find out where the person works and garnish wages and find out their bank and get a levy.
While a very small amount of people may be "judgment proof", it's doubtful that you rented to one of them. Most people who are judgment proof are not tenants that a competent landlord would accept.
I have a tenant in Connecticut on a month-to-month lease who notified me a week ago (around mid-March) that she is moving out. She hasn't paid rent for March and the month-to-month lease requires a 30 day notification policy prior to termination so technically, she owes rent for April as well. I was going to use her security deposit to cover March's rent until I saw her unit. Her dogs destroyed the porch. The dogs urinated all over the floor and I will have to tear up and replace the floors, sheetrock, etc.
What are my options here? Is it worth small claims court? I do not know where she moved to so I have no way of contacting her other than via phone.
Follow your lease- Whether you can get in touch with her or not, take pictures of the damage; prepare a letter noting that her security deposit won't be returned because of the damage. Have the letter notarized. Repair your property. Then file a claim in small claims court & move on.