Tenants trashed my rental

Fort Collins, CO · Member since 2013 · 109 posts · 36 votes

So my tenants trashed one of my rentals and moved out. Carpets were soaked in pet urine and engine oil. Countertops were damaged. Fist sized holes in every room. Doors ripped out of the wall and left the house full of their stuff. I’ve taken plenty of pics to document the damage. I spoke with the tenant and she admitted in a text that she knew she’d be forfeiting her deposit due to the carpets not being able to be cleaned.

All the damage has been repaired. The total is roughly $9k before subtracting her deposit.

My question is how do I present the bill? Do I just mail it to her new address or should I have it written up by an attorney and have it served?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Yes. I normally mail it to them certified and include a deadline for payment in full or negotiation of a payment plan. I normally won't allow a payment plan of more than six months, but you may need to offer a year to give them time. Odds are, they won't pay you a dime because they obviously don't care about being good people.

If they don't meet the deadline, then you'll take them to court and seek a judgment. Then you turn the judgment over to a collection agency where you'll likely collect exactly $0.00 from them.

That's the sad reality of our business. You may get lucky and collect something, but don't expect it or you will be severely disappointed. The best thing you can do is learn from this. Find the flaw in your screening process. Are you inspecting? Did you accept someone with red flags when you shouldn't have? You can't stop everything, but you can stop 99% of the problems if you have the right processes in place.

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Yes. I normally mail it to them certified and include a deadline for payment in full or negotiation of a payment plan. I normally won't allow a payment plan of more than six months, but you may need to offer a year to give them time. Odds are, they won't pay you a dime because they obviously don't care about being good people.
If they don't meet the deadline, then you'll take them to court and seek a judgment. Then you turn the judgment over to a collection agency where you'll likely collect exactly $0.00 from them.
That's the sad reality of our business. You may get lucky and collect something, but don't expect it or you will be severely disappointed. The best thing you can do is learn from this. Find the flaw in your screening process. Are you inspecting? Did you accept someone with red flags when you shouldn't have? You can't stop everything, but you can stop 99% of the problems if you have the right processes in place.
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Charles Carillo
Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes
4y
@Ben Cochran
I would consult an attorney. In most cases, you will not be able to collect from a tenant that does this type of damage. If you get a judgement, you still need to collect it. See what your attorney suggests.
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Ben Cochran
OP
Fort Collins, CO · Member since 2013 · 109 posts · 36 votes
4y
@Nathan G. Thanks! I do tenant screenings and inspections every six months. She was a great tenant for several years but with 6 months left on the lease, she moved out, didn’t notify me, continued paying rent on time but left her two teenage boys (15/17) in the unit alone and they treated it like a bachelor pad and trashed it.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
For that amount, I'd have her served. Also give her a deadline to reply of take her to court. You won't see the money, but I'd consider pressing charges.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
Originally posted by @Ben Cochran:
@Nathan G. Thanks! I do tenant screenings and inspections every six months. She was a great tenant for several years but with 6 months left on the lease, she moved out, didn’t notify me, continued paying rent on time but left her two teenage boys (15/17) in the unit alone and they treated it like a bachelor pad and trashed it.

Is it even legal? She technically abandoned them as they are minors.

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Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
4y
Welcome to being a landlord. This is a cost of doing business. You just have to hope it doesn't happen too often.
It is part of the deposit return itemization. List everything out in detail, subtract the deposit, show what remaining is owed. Give her some time to work out a payment plan then proceed when she doesn't.
You can spend more time, energy, and money trying to collect, or you can be thankful you got possession back, turn her into collections, and move on. This will show it on a credit report, which she may or may not care about. You are unlikely to collect anything no matter what route you go.
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Ben Cochran
OP
Fort Collins, CO · Member since 2013 · 109 posts · 36 votes
4y
@Theresa Harris that’s a great question but I suppose I really don’t care if she “abandoned” them unless it would help my case if it goes to judgement.
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Ben Cochran
OP
Fort Collins, CO · Member since 2013 · 109 posts · 36 votes
4y
@Charles Carillo thanks. Yeah I think locating an attorney is the best way to go about this.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
Originally posted by @Ben Cochran:
@Theresa Harris that’s a great question but I suppose I really don’t care if she “abandoned” them unless it would help my case if it goes to judgement.

It might because she knowingly left two minors on their own for a significant amount of time unsupervised and they damaged your property.
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Allen L.
Rental Property Investor · Chicago and mainly invests in KS remotely · Member since 2018 · 360 posts · 314 votes
4y
Sorry to hear about this. Based on your explanation of the situation I think you got very unlucky. Try not to have carpets in your rental, they don’t last long and it’s better to go with LVP unless the floor is uneven.
2 Reply
Corby GoadeBusiness Member
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
4y
Unfortunately you won't see a dime without getting a judgement and probably not after that either. Thorough screening and professional management will eliminate 99% of these types of issues. Sorry you are dealing with this.
0 Reply
Steve K.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
4y
@Ben Cochran sounds like the same people I had to evict from a property in Longmont a few years ago. I actually managed to get all of the money back from them! All it took was a certified letter and several voicemails (completely professional, no emotion), notifying them that the next step would be seeking a judgement and sending them to collections, along with a brief explanation of what that would mean for their credit, ability to rent ever again, etc. with photos of the damage and documentation of repair expenses. Surprisingly, they paid up in full. So the chances may be low but don’t let that stop you from trying because sometimes a stern letter is all it takes. I’ve also sent people to collections and managed to get 50% in that scenario (collections took 50% as their fee). I feel like it’s my duty to chase after whatever I can get in these cases, on principle essentially to discourage them from doing it again to someone else. I find it’s usually not the person I screened/ who signed the lease in these cases, but rather a boyfriend who gets out of jail and moves in, or their kids, kids friends etc. so it’s difficult to screen for. You almost have to screen people’s family and friends as well as them (which you can do a little bit of by researching them and seeing who they’re associated with). Good luck!
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Joe SplitrockPro Member
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Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
4y
This is part of the security deposit return process. You will mail a bill summary of all damages. You will show the security deposit deduction and outstanding balance with a due date for payment. Send it certified mail. I like to text the tenant and say, "Your security deposit refund letter is coming certified mail. Just letting you know because you need to sing for it." This leaves the impression they are getting money and makes it more likely they sign for it. Deadbeat tenants have a tendency to not sign for letters, because they are expecting bill collection.
You can't take them to court for money without sending them a bill and giving them opportunity to pay it.
One final caution, make sure you prorated the cost of carpet replacement based on age of existing carpet. For example if the old carpet was 5 years old and expected life of the carpet is 7 years, they are only responsible for 2/7 of the replacement cost. The reason I am telling you to prorate for age is to avoid problems in court. It is like if your 5 year old car gets totaled in a car accident, the insurance company doesn't give you a new car. They give you remaining value of your old car.
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Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
4y
Originally posted by @Allen L.:
Sorry to hear about this. Based on your explanation of the situation I think you got very unlucky. Try not to have carpets in your rental, they don’t last long and it’s better to go with LVP unless the floor is uneven.

Maybe unlucky, but the story is not uncommon. Tenant screening and property class play a big role in how often you experience something like this. If you are renting C or D class properties to tenants with bad credit, it will happen more often.
1 Reply
Allen L.
Rental Property Investor · Chicago and mainly invests in KS remotely · Member since 2018 · 360 posts · 314 votes
4y
@Joe Splitrock yessir!
1 Reply
Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
4y
Make sure you follow the law on the security deposit. You don't want to be the guy that forgot to send the letter saying you're getting nothing and then lose 100% of the security deposit + penalties to her while she still owes yo thousands.
Don't forget to bill her lost rent while fixing the damage. If it took two weeks to fix the damage, that is two weeks of lost rent she owes you.
While the attorney letter is always a good scare for people, the first letter might just be a letter for damages and see how she responds. She could be horrified at the damage they caused and want to make good. (She could also grow wings and fly). If you don't get a good response, just file the small claims court lawsuit.
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Daniel SmythPro Member
Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
4y
@Ben Cochran
It's called a law suit.
Document everything and be sure you find 10k worth of damage beyond normal wear and tear.
Your lawyer should seek actual damages as well as punitive damages.
Damage done as a repayment for keeping the damage deposit. Wilful damage is also criminal.
You make sure the judge allows you an attachment on wages that cannot be dismissed in a bankruptcy.
These tenants need to learn the lesson they are trying to teach you!
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Wale LawalBusiness Member
Real Estate Broker · Houston | Dallas | Austin, TX · Member since 2018 · 5k+ posts · 2k+ votes
4y
Not quite sure about the process you use to pre-screen tenants, but here is what I advise my client to do.

After pre-screening a tenant, build a rapport with potential tenants via phone. Include logistical, pre-related, rental history, behavioral, income, and process-related questions. It will help you find a little bit of information about your tenant.

In regards to the money, I would still hold the tenant accountable. Best of luck
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Ben Cochran
OP
Fort Collins, CO · Member since 2013 · 109 posts · 36 votes
4y
@Steve K. That’s great advice. Would you be able to recommend a local NoCo attorney that could handle the legal paperwork if needed?
0 Reply
Ben Cochran
OP
Fort Collins, CO · Member since 2013 · 109 posts · 36 votes
4y
@Joe Splitrock thanks Joe. Pro rating the carpet was something I hadn’t thought of.
1 Reply
Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
4y
Originally posted by @Steve K.:
@Ben Cochran sounds like the same people I had to evict from a property in Longmont a few years ago. I actually managed to get all of the money back from them! All it took was a certified letter and several voicemails (completely professional, no emotion), notifying them that the next step would be seeking a judgement and sending them to collections, along with a brief explanation of what that would mean for their credit, ability to rent ever again, etc. with photos of the damage and documentation of repair expenses. Surprisingly, they paid up in full. So the chances may be low but don’t let that stop you from trying because sometimes a stern letter is all it takes. I’ve also sent people to collections and managed to get 50% in that scenario (collections took 50% as their fee). I feel like it’s my duty to chase after whatever I can get in these cases, on principle essentially to discourage them from doing it again to someone else. I find it’s usually not the person I screened/ who signed the lease in these cases, but rather a boyfriend who gets out of jail and moves in, or their kids, kids friends etc. so it’s difficult to screen for. You almost have to screen people’s family and friends as well as them (which you can do a little bit of by researching them and seeing who they’re associated with). Good luck!

My lease does not allow extended stays from "guests". This implies a boyfriend or other adult friend has to be screened by us to be able to reside in the property. If the new tenant passes our screening, they are now an addition responsible party for any damages (each tenant is fully responsible for damages such that in the event we cannot collect damages from some of them, the others are fully liable).
Screen the original tenant, screen any additional tenants (if they stay in the property more than 2 weeks in any 52 week period, then they are a tenant).
This would not help for teenage boys that the mom basically abandons, but it does CYA for most situations.
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Account Closed
Member since 2020 · 983 posts · 1k+ votes
4y
Check your timeline for sending your ex-tenant her bill for damages. In California, we have two weeks to present ex-tenants with a final bill for damage. If we don't court immediately throws the landlord out of the courtroom.
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Dawn AnastasiPro Member
Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
4y
Even if you're not going to collect from them, a judgment on their record is a warning sign to a future landlord. Hopefully it will make it harder for her to get a rental in the future. Landlords should protect other landlords. Tenants are not going to, so we have to rely on each other.
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Jennifer Jo McCallonBusiness Member
Member since 2020 · 62 posts · 59 votes
4y
Well, that sucks. In CA, where I live currently, it would probably be a lost cause to even try to collect. But in Pennsylvania, I had good luck representing myself against a tenant in court and was able to get a judgement against her. Probably worth a one time consultation fee to see if it is worth it to hire an attorney or if it is something simple enough that you can DIY.
FWIW, I am a landlord and currently taking law school classes so I have a better understanding the next time I have to do this. I have represented myself as a landlord a few times and it went well (the law was on my side). Highly recommend you take a contracts class and torts class. (I have not yet taken torts. Some schools will allow you to audit for free, I am doing a contracts class for free @ Harvard online)
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Steve K.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
4y
Originally posted by @Dan H.:
Originally posted by @Steve K.:
@Ben Cochran sounds like the same people I had to evict from a property in Longmont a few years ago. I actually managed to get all of the money back from them! All it took was a certified letter and several voicemails (completely professional, no emotion), notifying them that the next step would be seeking a judgement and sending them to collections, along with a brief explanation of what that would mean for their credit, ability to rent ever again, etc. with photos of the damage and documentation of repair expenses. Surprisingly, they paid up in full. So the chances may be low but don’t let that stop you from trying because sometimes a stern letter is all it takes. I’ve also sent people to collections and managed to get 50% in that scenario (collections took 50% as their fee). I feel like it’s my duty to chase after whatever I can get in these cases, on principle essentially to discourage them from doing it again to someone else. I find it’s usually not the person I screened/ who signed the lease in these cases, but rather a boyfriend who gets out of jail and moves in, or their kids, kids friends etc. so it’s difficult to screen for. You almost have to screen people’s family and friends as well as them (which you can do a little bit of by researching them and seeing who they’re associated with). Good luck!

My lease does not allow extended stays from "guests". This implies a boyfriend or other adult friend has to be screened by us to be able to reside in the property. If the new tenant passes our screening, they are now an addition responsible party for any damages (each tenant is fully responsible for damages such that in the event we cannot collect damages from some of them, the others are fully liable).
Screen the original tenant, screen any additional tenants (if they stay in the property more than 2 weeks in any 52 week period, then they are a tenant).
This would not help for teenage boys that the mom basically abandons, but it does CYA for most situations.

Same here, my lease has similar language. But I find that unfortunately it doesn't always stop ex-boyfriends/baby-daddy's from moving in when they get out of prison. Strictly adhering to the lease terms isn't a top priority for everyone in the world, and most people that would do this type of damage wouldn't be too concerned about going through the proper channels to get approved to move in, especially when it's their loving partner who's name is on the lease, and whose security deposit and credit is at risk, and not theirs.

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