Should I take my tenant to small claims?

Question

At the move out inspection meth paraphernalia was found.  The unit tested positive for meth and was condemned by the health department.  $7600 later to have it decontaminated and replace everything permeable I am wiped out many years of cash flow.  I am now in the negative owning this property for 3 years.

I have evidence of the positive test and photo evidence from the move out inspection of the parapheniala.  However, I did not test this unit for meth when I bought it which is where I questions myself on winning in court.

Do you think I have a case?

Marc Winter · Answer

Another good reason to do regular property inspections.  Sorry for your trouble, but the chances of you collecting on a meth head?  Doah!

Scott Mac · Answer

Hi Thomas,

Your chances of collecting from this downward spiral life person seems very remote.

Unless the prison system allows you to lean his 2 cents a day wages for pressing licence plates.

Just my 2 cents.

Russell Brazil · Answer

Id first try a bluff.....tell them to reimburse, or the information gets turned over to police.

Donell Sousa · Answer

I'm no expert but 1.how long does the contamination last if untreated? 2. does this tenant have the funds to pay if you do win?

Mike McCarthy · Answer

@Thomas Grove do you have pictures of meth equipment in the house after move-out? Could those items be used for something more innocuous like weed?

Basically, how much evidence do you have that this tenant caused this damage? Would it cause a normal person (judge) doubt? What you have going for you is that meth testing isn’t something that’s typically done if there are no other symptoms. Remember, in a civil case, the burden of proof is only that your side of the story is more likely to be true than false. (As opposed to criminal cases where a much higher  ‘beyond a reasonable doubt’ is the proof required).

Lastly, even if you do win a judgement, do you think you’ll be able to collect? Does this tenant have a job, etc that he’ll be able to pay it off?