Article Score0

I have a house that I own. My property manager who I assigned to choose a tenant for the property, picked someone who did nothing but complain. Anyway the water heater exploded 2 yrs ago and flooded the whole house. I have house insurance, so I had a company clean the house, put new carpet in, painted new walls, installed new cabinets. and put in a new water heater Total $ 9000. in damage. Anyway the tenant had NO rental insurance. Anyway my property manager had an oral agreement with her saying we will give her money for her losses. We were being nice. She had a 1 year lease. Now she moved out early and broke the lease, she says the place was inhabitable. She is taking us, (me the owner of the house, and my property manager to court for small claims. Saying we owe her money, for loss of furniture. She claims that her BF fixed the water heater and I said I want a reciept showing the amt, so I can deduct it from the rent. She never furnished the reciept and she claims the water heater was never replaced. I said it was cause I have an invoice. So she moved out early and trashed the house. There are stains on the carpet, dirty refrigerater, dirty stove, dog pooh on the flooring by water heater and the walls were dirty looking like the dog was dirty and ran into the walls. and she had a dog in the house without our permission. Lease said no pets. I have had people in the house saying the house was in good shape in the inside, but recently she decided to trash it. She never gave a 30 day notice saying she was gonna move. It was more like 24hr hrs. She is taking us to court for an Oral agreement between the property manager and her. I know nothing about it. I just pay the mortgage. All she wants is the security dep back, but my property manager said “NO” cause you trashed the place. I took before pictures, so we can clean it before we take in a new tenant.

Do u think I have a strong case for small claims?

3 Thoughts on What are my options with my x tenant?
  1. Reply
    R P
    November 11, 2011 at 11:11 pm

    Verbal agreements are not worth the paper they are written on 😉

    She had no renter’s insurance so she is SOL in regard to her possessions.

    I hope your property manager sent her an accounting of her security deposit within the time frames stipulated in your state laws. If not, the former tenant can sue for up to 3x the deposit and will most likely win.

    You can counter sue for the damages she caused. If I understand you correctly, you took pictures after she moved out. Be sure to keep the receipts for the repairs. Having the pic and the receipts will prove your case and you will most likely win.

    Winning is the easy part. Collecting is a different matter. If she is “garnishable,” go after her wages.

  2. Reply
    November 12, 2011 at 12:04 am

    As long as you have pre-move in pictures, you should be OK, take many pictures of the damage, esp. the dog poo, judges love those pics, get plenty of invoices for the damages, and counter sue

    But as stated be sure to follow your state laws for the SD accounting, even if nothing is being returned

  3. Reply
    Weimaraner Mom
    November 12, 2011 at 1:01 am

    Verbal agreements aren’t worth the paper they are printed on. She has no case. She has no proof no receipts no nothing to back or support her case. Make sure you have receipts for hot water heater replacement, carpet replacement etc. Be sure to take all the photos of the damage she did to the home including a copy of the lease and make sure you note the day she vacated etc. In order to win you need documents to support your claim. If she has nothing but a verbal agreement and no photos of the damage she will lose. I’ve seen cases where the tenant got greedy and claimed all his electronics got damaged due to a roof leak and lost.

    Don’t worry about it but make sure you notified the tenant in writing that you were not refunding her security deposit. Send it RRR and keep copies.

    If she owes for any rent file a counter claim for owed rent.

    Good luck she has no case.

    Leave a reply

    Register New Account
    Reset Password