Loss of rent while : ezLandlordForms

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Mary J

started a topic almost 9 years ago

I have a tenant that moved out and left the apartment dirty and kitchen cabinets damaged beyond repair so I have to replace them. As well as the bathroom cabinets need to be replaced. Carpet was old but had to be removed because of the stench of cat urine. Still trying get bids for the damage and replacement of these items. Because the negligence was so bad I will not be able to rent until end of January 2016. So my question is can I charge them for loss of rent during this time. Property is located in AZ.

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David D

said almost 9 years ago

You can sue but that does not mean that you will collect so you have to decide one of two ways: 1. You file in the juridiction that the property is in, not where the tenant moved to. BUT you must know where the tenant lives AND the tenant MUST be served. If they cannot be served, you cannot sue. Also, if you DO manage to get ex-tenant served and you DO win a case, they may not have the funds to pay you back. HOWEVER, the good news is that at the very least you can obtain a CERTIFICATION OF JUDGEMENT from the court and file with the Prothonotary office. Within 60 days this will be picked up by the credit bureaus and held against your tenant. FInd out when you have to refile (some counties require that you refile every 5 or 10 years). ALSO you are entitled to interest ALL the years you are waiting for payback.....so it IS possible that your tenant will eventually start to repay as they may want this OFF their credit report especially in order to get a decent rental and or mortgage in the future. 2. You can contact a company like EZLANDLORD.com - they have a service that allows you to file the damages caused by a tenant at move-out on their credit report directly in cases where you cannot find the tenant to sue them. Be very careful though.....when you say that the carpet was OLD a judge will look at the move-in pictures and move-out pictures, which you MUST have to win any case. IF the carpet needed replacement the MOST you'll get in court is the fee to deodorize.....you won't get FULL CARPET REPLACEMENT COST nor should you charge for this because of cat smell. (ALSO if they had a cat you should have had a pet security deposit to cover this). Again, you MUST have before and after pictures to prove that the cabinets were damaged beyond repair and required replacement. ALSO in PA, when a tenant moves you have 30 days to send your tenant a notice stating why your are not returning the deposit and including a list of damages. IF YOU DO NOT SEND THIS LIST/LETTER you forfeit the right to keep the security deposit. I am not sure what your state requires but if you did not send the letter in the required time period you may not be entitled to any replacement/repair costs. (Google your state landlord/tenant act). I doubt you will be able to collect the loss of rent since you can be making repairs and showing the place to prospective tenants while the repairs are being made. In other words, you can ask, but not sure if judge will go along with this.....If you have before and after pictures to show prospective tenants, they can see what the property did look like (just went thru a similar situation) and luckily we had beautiful pictures of the property before the former tenant purposely ruined much of the carpeting. We pulled up the carpeting and just showed pictures and stated new carpeting would be installed pre-move in and continued to show the property. We had painters and other workers in and out the entire 6 weeks as we made many upgrades and most tenants understand so again, not sure you'd get that loss of rent. ALSO, you have to find the tenant to have them served, and if you win a judgement, hope they pay up. (although at worst file the judgement with your county court house so it shows up on their credit report - that's a great way to entice them to pay up).

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Eric N

said almost 9 years ago

had the same problem in Oregon, filed a claim with my insurance company and got several thousands for damages and loss of use, now the insurance company is suing my ex tenant! beautiful!!!

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Mary J

said almost 9 years ago

I appreciate the response and glad to hear this. I have several photos and original Move In and Move Out form documenting the condition of the apartment before she moved in and afterwards. Only thing is I live in California and the rental and x-tenant are in Arizona. So it sounds like I would have to file in Arizona, which I can do by mail but then I would have to fly down there for court. Also if this isn't resolved at first hearing than I may possibly have to return a second time? Can I charge her for the cost of having to fly over there?

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Justin R

said almost 9 years ago

Yes you can, you will need to file this in small claims and make sure that you have images photos and proof of damages. Also make a list of deductions and damages to provide to the tenant and court.