Should I take inherited tenants to small claims for $3000

Providence, Rhode Island
Managing Your Property
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Should I take inherited tenants to small claims for $3000

Ellen Feiss
Member since 2024 · 10 posts · 1 vote

Thanks to this community

I inherited 1 unit with bad tenants who had 6 months left on their lease. Thankfully they're out now and I'm in the process of moving new people in. I could have evicted them for lease violations earlier, but I don't have the new lead certification required in providence and therefore, did not want to take them to court for lease violation, potentially lose, and have these bad tenants learn about the new lead law - they would be aware I did not have it and they would have stopped paying. the new lead law allows tenants to pay into escrow if you don't have the lead cert. I couldn't risk this.

I have about $3500 in repairs that are well beyond wear and tear -- smashed out windows, dog chewing of window and door trim, destroyed wood floors. Total in repairs is creeping up toward $4500/5000 -- their deposit is $1500 (old lease) = around $3000 in damages. I have a few pictures of the apt prior to their move in but not extensive documentation, because the old owner didn't have good processes. They've been in the apartment for 7 years. 

I'm wondering if other landlords in Providence think taking them to small claims is worth it. I wouldn't hire a lawyer, I will just go with all my documentation. I plan to send them a bill and let me them know I'll also mail the bill to their current landlord for his information should they choose not to make it right. I don't think they'll pay but I know they have money. Any thoughts appreciated! 

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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
1y

I love posts like this. Would you REALLY piss away $3,000 of your own money? 

File suit and select how they are served: 20 minutes, $100. Prepare getting documents ready, labeled, and in proper order. 30 minutes? Go to court and tell story / show your paperwork. Worst case a couple hours in court. 

So $100 and a couple hours to get a judgment for $3,000. <Insert can't collect BS>.  Most states allow wage garnishments and bank account levies. Collection agencies and attorneys will do this for you is you don't want to do it yourself. There are tens of thousands of them in the US. They wouldn't be in business if they didn't collect. 

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  • KC Ushijima
    Attorney · UT · Member since 2025 · 55 posts · 46 votes
    1y

    You may want to see if any local attorneys will do a free initial consultation or initial case review.  Or at least try to get an estimate of what a local attorney may charge to handle such a matter.

    You can review the lease agreement to see if it allows for legal costs and fees (including attorneys' fees) to be awarded if you prevail.

    If you don't think the former tenant will pay, and if you are awarded a judgment by the court, then you would likely need to use the court system to collect on the judgment.  

    Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    1y

    Lawyers are not allowed in SC Court anyway.

    If you do go that route, do your research first. Getting a judgement (which you surely will) does nothing by itself. You will need to get that recorded. Most tenants are called 'non-collectibles' because of their lack of ability or desire to pay you what's owed....

    But this Judgement will follow them around...every new place they rent, ever vehicle they buy or lease, every time their credit is checked, there it will be...so at some point, if they want to join society, they may pay up what they owe....but don't count on it!

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    • Ellen Feiss
      OP
      Member since 2024 · 10 posts · 1 vote
      1y
      Quote from @Bruce Woodruff:

      Lawyers are not allowed in SC Court anyway.

      If you do go that route, do your research first. Getting a judgement (which you surely will) does nothing by itself. You will need to get that recorded. Most tenants are called 'non-collectibles' because of their lack of ability or desire to pay you what's owed....

      But this Judgement will follow them around...every new place they rent, ever vehicle they buy or lease, every time their credit is checked, there it will be...so at some point, if they want to join society, they may pay up what they owe....but don't count on it!

      Thanks Bruce! These tenants are people with good credit scores, one is in law school - they are simply irresponsible. They may pay at threat of suit however I think likely I’ll have to go to small claims. Do u know how much a collections agency costs? Or maybe they take a percentage. Id take it to collections if awarded judgement unless a judgement does follow in the way you say. In that case they will inevitably make $ or try to buy a house so maybe collections is unnecessary. 
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  • Alex Waugh
    Property Manager · Edmond, OK · Member since 2019 · 20 posts · 21 votes
    1y
    Quote from @Ellen Feiss:

    Thanks to this community

    I inherited 1 unit with bad tenants who had 6 months left on their lease. Thankfully they're out now and I'm in the process of moving new people in. I could have evicted them for lease violations earlier, but I don't have the new lead certification required in providence and therefore, did not want to take them to court for lease violation, potentially lose, and have these bad tenants learn about the new lead law - they would be aware I did not have it and they would have stopped paying. the new lead law allows tenants to pay into escrow if you don't have the lead cert. I couldn't risk this.

    I have about $3500 in repairs that are well beyond wear and tear -- smashed out windows, dog chewing of window and door trim, destroyed wood floors. Total in repairs is creeping up toward $4500/5000 -- their deposit is $1500 (old lease) = around $3000 in damages. I have a few pictures of the apt prior to their move in but not extensive documentation, because the old owner didn't have good processes. They've been in the apartment for 7 years. 

    I'm wondering if other landlords in Providence think taking them to small claims is worth it. I wouldn't hire a lawyer, I will just go with all my documentation. I plan to send them a bill and let me them know I'll also mail the bill to their current landlord for his information should they choose not to make it right. I don't think they'll pay but I know they have money. Any thoughts appreciated! 

    The short answer is no, it's not worth it. Even if you win in court, you still lose because of the time, fees and headaches involved. Landlords that know this just let it go and save that time and money focusing on getting a better tenant in the property instead. The only people that choose to go to court knowing there is no real benefit to winning are just trying to make a point. Time is too valuable to waist. If at the end of winning you still lose financially, it's not worth your time in the first place. 

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    • Greg M.
      Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
      1y

      I love posts like this. Would you REALLY piss away $3,000 of your own money? 

      File suit and select how they are served: 20 minutes, $100. Prepare getting documents ready, labeled, and in proper order. 30 minutes? Go to court and tell story / show your paperwork. Worst case a couple hours in court. 

      So $100 and a couple hours to get a judgment for $3,000. <Insert can't collect BS>.  Most states allow wage garnishments and bank account levies. Collection agencies and attorneys will do this for you is you don't want to do it yourself. There are tens of thousands of them in the US. They wouldn't be in business if they didn't collect. 

      4Reply
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