Tenant left a mess

[miko545]

What is the name of your state? Florida
I own a house that I am unable to live in because of financial reasons, so I have been renting it out. My tenent left last night, after being told to be out january 31, 2005 and left the house in bad condition. He removed bathroom fixtures, broke the sink, trashed the carpets, wrote on walls, broke doors, destroyed screens and vinal window, left garbage, stole my washer, broke things in the fridge, removed the garbage disposal, removed a burner from the stove, urinated in the house, stole window treatments, plus there is now a crack in the ceiling. I need to find out about sueing him for damages and cleaning costs plus owed rent. Plus is it worth it. If I get a judgement, what if he doesnt pay. Thank you, nicole

 

[FarmerJ]

have you made out a police report yet ? taken pics yet ?

 

[miko545]

have you made out a police report yet ? taken pics yet ?

I took pictures and video. I called the police station and they told me there was nothing they could do.

 

[cmorris]

It is civil, not criminal. Get estimates to repair the house and fix it. Then, sue the former tenant. You may be able to do it in small claims if the repairs are under your small claims limit.

A judgment stays in effect for years. If they have no money now, they may in the future. If it is doubtful they will ever come in to money, it may not be worth the time.

 

[JETX]

I own a house that I am unable to live in because of financial reasons, so I have been renting it out.

Okay, the FIRST thing you need to do.... is to read and understand your states landlord-tenant laws. This is something you should have done BEFORE you decided to enter into the BUSINESS of being a landlord!!!

My tenent left last night, after being told to be out january 31, 2005 and left the house in bad condition. He removed bathroom fixtures, broke the sink, trashed the carpets, wrote on walls, broke doors, destroyed screens and vinal window, left garbage, stole my washer, broke things in the fridge, removed the garbage disposal, removed a burner from the stove, urinated in the house, stole window treatments, plus there is now a crack in the ceiling.

Not good news. I hope you have a really good 'cash reserve' (from the rent overage) to pay for the damages.... at least for now.

I need to find out about sueing him for damages and cleaning costs plus owed rent.

No problem. The statutes showing your rights to claim damages and what you need to do are in the Florida Code.

Plus is it worth it.

That is your decision to make. We have no idea how much your time is worth to you, what information you have on the tenant, how much security deposit you have, how much (if any) non-exempt assets he has, and what the value of damages are. Those are all things that must be factored in when considering whether to sue or not.

If I get a judgement, what if he doesnt pay.

Simply getting a judgment does not assure payment. A lot of people assume incorrectly that the court somehow gives them money if/when they 'win'. It doesn't work that way. The judgment is just a legal decision affirming that the defendant owes you 'something' (usually money) and gives you specific legal processes to try to use to collect. The 'recovery' of the judgment is completely up to you.

So, with that, here is where you start:
1) Call your insurance agent. Some insurance policy's may cover some of the damage.
2) Get an estimate for the repairs.
3) Then, deduct the amount of the estimate from the security deposit. If there is money left over, send it to the tenant. If the security deposit does not cover the damages, then you have to consider whether to file a lawsuit against the tenant.... or not.

For a summary of YOUR obligations as landlord regarding the security deposit, go to: http://www.apartmentsusa.com/florida/fl-rent-tips-securitydeposit.htm