All Forum Posts by: Kai Hodge

@Kai Hodge, I'm sorry your property sustained that kind of damage. I'm guessing you kept most or all of their security deposit after deducting for each item damaged and showing proof with receipts for the repair. As far as late fees and pet fees go, forget about it. Judges here will award damages for unpaid rent and itemized damages that exceeded the deposit amount. Be happy you got the deposit amount and move on.

In the future, screen more diligently. Google everything (numbers, names, email on person, addresses, places of employment) Check credit, income and rental history with a fine tooth comb. Have an animal policy with criteria in place (I say animal because pets in California are evolving into assistive, therapy and service animals at a breakneck pace. Here's some quick tips:

Credit history - no collections, repos, late pays

Income - 2 1/2 times to 3 times the rent, verified by pay stubs and a call to their human resources department at their work

Rental History - Calls to the prior landlords and ask "Was the tenant given any three day notices during his tenancy with you and if so, what were the dates and what was the reason.

For assistive animals/pets, require them to be vaccinated, spayed/neutered, get a letter from a third party who is a social worker, medical doctor or psychiatrist to explain the need for the animal by the tenant.  If it is a pet (and that is what the tenant calls it the time of lease signing, you can charge a pet deposit or pet rent. If it is an assistive animal, you can charge a higher security deposit but no pet deposit or pet rent.

I hope this helps!

@Kai Hodge, I'm sorry your property sustained that kind of damage. I'm guessing you kept most or all of their security deposit after deducting for each item damaged and showing proof with receipts for the repair. As far as late fees and pet fees go, forget about it. Judges here will award damages for unpaid rent and itemized damages that exceeded the deposit amount. Be happy you got the deposit amount and move on.

In the future, screen more diligently. Google everything (numbers, names, email on person, addresses, places of employment) Check credit, income and rental history with a fine tooth comb. Have an animal policy with criteria in place (I say animal because pets in California are evolving into assistive, therapy and service animals at a breakneck pace. Here's some quick tips:

Credit history - no collections, repos, late pays

Income - 2 1/2 times to 3 times the rent, verified by pay stubs and a call to their human resources department at their work

Rental History - Calls to the prior landlords and ask "Was the tenant given any three day notices during his tenancy with you and if so, what were the dates and what was the reason.

For assistive animals/pets, require them to be vaccinated, spayed/neutered, get a letter from a third party who is a social worker, medical doctor or psychiatrist to explain the need for the animal by the tenant.  If it is a pet (and that is what the tenant calls it the time of lease signing, you can charge a pet deposit or pet rent. If it is an assistive animal, you can charge a higher security deposit but no pet deposit or pet rent.

I hope this helps!

If you are going to sue you will have to serve them and do you know where they are?

Hey @Kai Hodge,

Whether or not you should sue usually comes down to the answers to two questions....1) Is it worth your time? And 2) What are the chances of collecting on a judgment if you do win?

Only you can answer the first question, but you can read about what I decided to do when faced with the same decision here: https://www.biggerpockets.com/forums/52/topics/252435-taking-a-tenant-to-small-claims-court-part-1.

As for collecting on a judgment, there's a few different ways that can be accomplished but it's not always easy.  Wage garnishment is one of the more effective ways (in my opinion), but you'll have a tough time with that if your ex-tenant's only source of income is disability, child support, and worker's comp. 

There are other ways to get your money though.  For instance, if they've ever written you a check, then you know where they bank and can levy their bank account. 

Do they own any property (probably not) or ever intend to (maybe)?  If so, then you can file an abstract of judgment and have a lien placed on any property they own or purchase.

The point is, it is possible to collect.  And if you want to read about how I collected on my small claims judgment, check this thread out: https://www.biggerpockets.com/forums/52/topics/295592-finally-collected-on-a-small-claims-judgment-against-an-ex-tenant.

A couple other thoughts...I wouldn't worry about the legal fees of pursuing a judgment.  You won't have to pay a lawyer because they're not used in small claims cases in California, and the filing fees to file a case are relatively small.  They range from $30 to $75 based on the amount you're suing for.  In your case, the filing fee would only be $50.

You're also still within the statute of limitations.  The statute of limitations in small claims cases varies from two years (for breach of an oral agreement) up to four years (for breach of a written contract, like a lease).

Lastly, even if you decide not to go through with a small claims case, I would suggest you at least consider reporting their debt to the credit bureaus through a company like one of these: Mr Landlord Debt Reporting Service or Rent Recovery Service.  It doesn't cost that much and you don't even need a judgment to do it.  You'll also be doing a service to other future landlords who screen them because they'll see the debt and know what type of tenant they really are.  Plus, who knows...maybe someday they'll want to clean up their credit and decide to pay you off just to get it off their credit report.   

Good luck with whatever you decide.

if you could save the airfare expense and not have to personally appear by having your property manager appear that would save a great deal of the cost. I would definitely pursue this it costs under $100 to file and serve a person typically and it's a quick and simple process at least that's been my experience with small claims court in California. In California if you're suing as an individual you can sue for up to $10,000 in two separate cases each year. Also confirm the statute of limitations, for how long after the event you can see, before you bother filing any paperwork if you outside the statute of limitations you're done.