How do I recover damage to a furnished apartment?
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It does sound like collecting for the damages and back rent is likely going to require a lawsuit, as you are planning. You could try a demand letter first, itemizing the damages and providing the total due after applying the security deposit, and see if this tenant pays.
There is certainly nothing that stops you from reporting the situation to law enforcement, but the response is likely to be that this is a civil landlord-tenant dispute, and law enforcement is not likely to take any action. The key will be to get the lawsuit filed and to get good evidence of the value of the damage (e.g., estimates or receipts for replacement, cleaning bills, etc.).
Thank you for your question this morning. If you do have follow-up questions about this tenant damage issue, I am happy to answer those for you.
Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.
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We evicted tenants from our apartment yesterday; this was a furnished apartment. When we got into the apartment, the couches and chairs were covered in urine and cut up, and one of the mattresses was covered in urine.
I'm sorry to hear about the condition of your apartment. Were there any specific clauses in the lease agreement regarding damages caused by tenants?
Yes, the lease did indicate they are responsible for anything beyond normal wear and tear.
Have you documented the damages with photos or any other evidence?
Yes, we have taken photos. The tenant also left a note that her son was the one who urinated on everything.
Is there anything else the lawyer should know before I connect you? Rest assured that they'll be able to help you with your situation.
No
We want to know if we should file a police report or take any other steps, we are also going to be pursuing case in small claims court.
Good morning. My name is Wendy and I am an attorney. Though I may not be licensed in your jurisdiction, I can provide information to help you with this situation.
I am so sorry to read about this situation. Do you have any idea how much it will cost to clean/repair/replace the damaged items? And, can you tell me in what state this occurred?
Roughly, it will take $2000 to replace the furniture and probably $300 to throw away the stuff they ruined.
That is such a shame. Was there any kind of security deposit?
Yes, they also owe us $5500 in rent, but there is also a $1100 security deposit.
It does sound like collecting for the damages and back rent is likely going to require a lawsuit, as you are planning. You could try a demand letter first, itemizing the damages and providing the total due after applying the security deposit, and see if this tenant pays.
There is certainly nothing that stops you from reporting the situation to law enforcement, but the response is likely to be that this is a civil landlord-tenant dispute, and law enforcement is not likely to take any action. The key will be to get the lawsuit filed and to get good evidence of the value of the damage (e.g., estimates or receipts for replacement, cleaning bills, etc.).
Thank you for your question this morning. If you do have follow-up questions about this tenant damage issue, I am happy to answer those for you.
Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.
Thank you very much.
You're very welcome
