Landlord Vs Tenant ....What should i do?

Question

I rented out a home to a woman and she could no longer make payments or take care of premises so she moved out leaving a $400.00 rent balance and a mess of the home. I did collect a $200.00 security deposit and she was supposed to pay a $500 security deposit in monthly installments but never made it that far. Anyway her kids threw around a basketball in the basement and ruined the new paint on the walls and ruined about 20 new ceiling tiles on the ceiling,she cut a water line to install a water softener and took her softener with her leaving a cut up mess of plumbing and no working water cause the main line is cut.She put a small hole in the fiberglass tub,left stove and fridge a total mess,left 2 large staines in living carpet,holes in the wall from door knobs,ruined curtain rods and blinds. I have to repaint 80% of the basement and all the trim. What legal action can i take on this woman? And how do i do so? I live in michigan. If i had to guess ,there is approx $6 to $800 in damages

With A rent balance and damages,she would owe approx $1200. Is this worth court costs and the time or should i cut my losses and start over?

Answer 1

This is a classic case for Small Claims Court if I've ever heard one. You can add the cost of the filing to the debt she owes. Whether or not you'll collect anything may be an issue, but you can get your judgment which WILL go on her credit report and WILL make life generally miserable for her in the future. Don't know if MI allows wage garnishments but if so that's one way to recover once you get your judgment.

She also owes you rent for the time it takes you to get the property ready again and place a new tenant. Keep track of that for the SCC filing!

If you REALLY want to be an ****** for her, tack on the cost of a water softener. As soon as she attached it to the property, it became YOUR water softener and must remain with the property. Just a thought... ;)

Answer 2

I recently evicted a couple from my apartment. There was almost $2000 in damages. I had pictures of everything. It cost me $175 to to empty the mess in the garage. Every room had to be painted. There were broken drawers in the kitchen, it took a cleaning person I hired 3 hours to clean the bathroom and and I could keep going on. I held a $400 security deposit that I kept and I ate the rest. You can go to court and you will win a judgment but a judgment doesn't mean you'll ever see your money.

Answer 3

As a property manager of 20 years, unless you have proof that the apt was in good condition prior to her move in, it might be a lost cause. Pictures would work but a signed check in sheet from the tenant would be best. It is very difficult to collect in court but if you have receipts of the work done prior to her move in, even witnesses such as a prior tenant that just moved out, you might be able to get a judgement. After that, a garnishment of wages or even a lien against her car might also prompt a payment from her. Good luck and don't ever do that to yourself again. Always charge a full month rent for security deposit plus 100 extra for damages or get a co-signer.

Answer 4

it wouldn't cost that much to get a small claims judgement.
It would go on her credit and if she ever got to buy a home the lender would likely make her pay it.

This is exactly why I will not work with tenants on a deposit....but with rent only. You can evict for non payment of rent but not deposit.

Funny how they can afford a water softener in a rental but not a deposit.

I would go after it. If nothing else it will give another landlord a heads up ........and wouldn't you want that for the next bad renter that comes your way???

Answer 5

I don't what it costs in Mi to file small claims court but in Ohio it's about $90 once you get a judgment the you will need to seek a garnishment if shes working if she isn't working that can be problematic in Ohio they told us the court they could take their car TV what ever it would take to settle the judgment

Answer 6

Thats up to you. Can you afford to let this go? If not, take her to court (take pictures) and get your money judgement. Then you can file against her paycheck or her Michigan tax return. So you $800.00 in damages PLUS past due rent. Any late fees? You can also charge her court filing costs and process server charges.

Answer 7

you could probably take her to small claims court or pursue this through your local housing court. Can check with housing court in your state..probably could find a website that would help answer your questions. Hopefully you know where she lives so that will make it easier to take her to court.

Answer 8

Small claims court but is everything documented , pictures before she moved in and after she moved out , if you don't have the documentation cut your losses and live and learn.