best way to litigate against tenant that abandons property

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best way to litigate against tenant that abandons property

Gabriel Miller
Investor · Everett, WA · Member since 2016 · 34 posts · 7 votes

Hello friends,

In October I had a tenant abandon my SFR. They left the place a mess. Most of the damage was due to their dogs that were in the lease agreement but I wouldn't think that matters. Their security fee was only $1500 so I am still out a lot of money (see breakdown below). I figure I am out about $9000. Washington State Small Claims court maximum is $5000. Should I take them to small claims court or should I do something else? I wonder if the $4000 difference between the $9000 I am claiming and what the $5000 allowed by small claims could be eaten up by legal fees or a smaller judgement than my claim. Legal fees should be part of the judgement but I guess I am worried about these people figuring out a way to avoid paying by going bankrupt or something and me being out more money for legal costs. I have never litigated against a tenant so this is all new territory for me. Does anyone know of a good lawyer I should talk with and maybe hire? Any good books or other resources out there on this?

Losses:

-4 months rent that the place has been vacant while I have done repairs while also trying to rent it back out (it has been listed):  $7000  

-Labor and materials for damage repairs and cleanup:  $4000  (60% these costs are to replace carpets destroyed by their dogs.  The prior carpet was not new but it was not destroyed.)

Thanks,

Gabe

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Jeff B.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
9y

Look for a "Skip Tracer".  You can have any Process Server handle the serving and they will perform "legal service" so you may proceed regardless.  However, as I said, you can easily win - - but you'll never collect.

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  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    9y

    Hi @Gabriel Miller.  In your case I would go for small claims. No attorneys and quicker.  Court will cost attorneys and a lot of time -you might not get on the docket for 6 months.  Itemize your out-of-pocket expenses (materials, dump fees, and paid labor that you have receipts for), and forget the rest.  In my experience judges are not likely to pay you as the landlord for your time.  And they will depreciate your carpet despite its good condition.  Also, they are not likely to give you more than 1 month's rent to get your property back up and running (perhaps 45 days because you had to store their stuff). 

    Another alternative is to negotiate with them directly, if you can get a meeting.  Write up a Promissory Note and file it with the court.  You could start with all fees and negotiate down to $5-6k, and give incentive for sticking with the agreement: interest charges forgiven if he makes all scheduled payments. 

    I'm in the exact same position, but my tenant left a 1 acre site as a junk yard.  I had a bid of $8k to clean it up!  I divided all the metals and took them to a salvage yard.  Then took all glass, paper, cardboard, magazines, etc to recycle. I took trailer loads to the good will, and now have fellow who will clean up the rest for the value of resalable useful items (I have an old tractor, useful appliances, etc. as incentive!) Good luck! 

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  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y

    I feel your pain - - my physical damages alone were $9,500 not counting lost rents.

    However, after 19yrs, I've learned that you can't squeeze blood out of a rock - - such tenants have nothing to attach or garnish and if they do, then the lousy $100 per month will never pay off for you.  Court costs are trivial, but getting collections is just not practical.

    I've had three costly evictions and just decided to write it off as uncollectable bad debt and reduce my YE taxes accordingly.

    Spend your time cleaning, renovating and getting a new tenant.  Try to do better a screening this time.

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  • Gabriel Miller
    OP
    Investor · Everett, WA · Member since 2016 · 34 posts · 7 votes
    9y

    Any advice for serving them the papers for small claims court?  I have no idea where they are now.  I have copies of their drivers licences and social security numbers but have no good idea on how to track them down.  Should I hire someone to do this for me?  If so, any recommendations on who? 

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  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y

    Look for a "Skip Tracer".  You can have any Process Server handle the serving and they will perform "legal service" so you may proceed regardless.  However, as I said, you can easily win - - but you'll never collect.

    2Reply
  • Gabriel Miller
    OP
    Investor · Everett, WA · Member since 2016 · 34 posts · 7 votes
    9y
    Originally posted by @Jeff B.:

    I feel your pain - - my physical damages alone were $9,500 not counting lost rents.

    However, after 19yrs, I've learned that you can't squeeze blood out of a rock - - such tenants have nothing to attach or garnish and if they do, then the lousy $100 per month will never pay off for you.  Court costs are trivial, but getting collections is just not practical.

    I've had three costly evictions and just decided to write it off as uncollectable bad debt and reduce my YE taxes accordingly.

    Spend your time cleaning, renovating and getting a new tenant.  Try to do better a screening this time.

     Thanks Jeff,  I thought that most people have jobs with W-4s and if thier wages are garnished why would it be so hard to collect?

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  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y
    Originally posted by @Gabriel Miller:
    Originally posted by @Jeff B.:

    I feel your pain - - my physical damages alone were $9,500 not counting lost rents.

    However, after 19yrs, I've learned that you can't squeeze blood out of a rock - - such tenants have nothing to attach or garnish and if they do, then the lousy $100 per month will never pay off for you.  Court costs are trivial, but getting collections is just not practical.

    I've had three costly evictions and just decided to write it off as uncollectable bad debt and reduce my YE taxes accordingly.

    Spend your time cleaning, renovating and getting a new tenant.  Try to do better a screening this time.

     Thanks Jeff,  I thought that most people have jobs with W-4s and if thier wages are garnished why would it be so hard to collect?

     Because the court will not take major portions of their income and leave them with a few hundred bucks to live on.  Their paycheck less their cost of living leaves nothing to garnish -- they live hand-to-mouth month after month.  In my case, balance due of 9500 and a 100 dollar assessment would mean 95 months dribbling in only $100 - - 3.95 years.

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  • Jeff HamelPro Member
    Investor/Firefighter · Milton, WA · Member since 2014 · 45 posts · 20 votes
    9y

    @Gabriel Miller call LT (landlord tenant) Services, they have been great.  They can walk you through landlord tenant law in WA, explain what you need to do to serve the past tenants, or do that for you.  They are a great resource if your property is in King, Pierce or Snohomish county.  They are a business so there is a cost but well worth it.

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  • Kweku Ako-adjeiPro Member
    Investor · Seattle, WA · Member since 2014 · 36 posts · 5 votes
    9y

    Never been in this situation but agree with Jeff B. You can file and waste your time or get that place as nice as you can and get it rented. And not only better screening but inspections will help and save you money. I dont have many places but it's in the lease that we do annual inspections. My places are also close so i drive by every few months to check out the property.

    Good luck!

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  • Catherine Lacey
    Fort Collins, CO · Member since 2017 · 13 posts · 2 votes
    9y

    I was out $6,000 by a renter that abandoned and destroyed, too. Took him too small claims and won (he never showed up) three years ago but still haven't collected. And won't. Quit his job after we went after wages and emptied his backing account, too. I try to look at it in terms of how much income I made over those 5 years vs. the relatively small portion I was out. An overall hugely profitable rental. Only mechanism that helped me accept and move on!

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