Recently I had a landlord ask me: My tenants told us they were moving out by text message because they could not pay the rent. I was unable to inspect the unit until they left. When I got there the residence was empty, except for piles of garbage bags in the garage. In the spare bedroom I found massive damage to the ceiling, walls and floor. They ripped the carpet out and did an amazing amount of damage to the room. I want to sue the tenants and press criminal charges but I do not understand how to get started in the right direction.
The landlord's question touches on three areas: 1) security deposit; 2) civil suit; and 3) criminal prosecution.
Security Deposit Issues
For starters, hopefully you had a security deposit to at least partially compensate you for the damage. If you had a security deposit you must send an accounting of how the security deposit was applied to the damages within 30 days, if you can figure out the amount of damages within 30 days. If you don't know the total cost of the damages within 30 days, you need to send an interim accounting of how the deposit was applied within 30 and then a final accounting within sixty days. The North Carolina Security Deposit Act can be found at N.C.G.S. 42-50.
Civil Suit
As for a civil suit, the first question is whether you can locate the tenants. If you can, or you hire someone who can, then you may file an action either in small claims court (if under $5k damages); district court (if under $10k damages), or Superior Court (if over $30k in damages). Whether you will need an attorney will depend on the amount of damages, how the property is owned (in your own name or under some sort of business entity), and your level of comfort going to court. Additionally, just because you win and get a judgment against the tenants does not mean that you will be able to collect on the judgment, so you will need to decide whether it is worth the expense of hiring an attorney, or even filing a complaint.
If you file in small claims without an attorney the court clerk's office has forms you can fill out that are fairly simple. If you have any questions the clerk's offices are often very helpful. You will want to take pictures of the unit as you found it, and keep all your receipts to demonstrate the cost of repairs to the court.
Criminal Prosecution of Tenant for Damages
There is a criminal offense under N.C.G.S. § 42-11 entitled "willful destruction by tenant misdemeanor," which makes it a Class 1 Misdemeanor to willfully damage a rental dwelling. You may wish to speak to the sheriff's department or local police about charging the tenant with this offense. You should be prepared for law enforcement not to want to get involved in what they may view as a civil dispute.
What should the landlord have done before he got himself in this position?
Two things come immediately to mind.
1) Regular visits to the rental unit. Make sure your lease provides you the opportunity to drop by the unit from time to time to inspect, and take advantage of this opportunity.
2) Qualify the tenant. Make sure the tenant has a decent credit rating, job and good references.
As a landlord you have to be vigilant. Absentee landlords often end up having their profits absent as well. Good luck and Happy Landlording!
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violation management
My mother's landlord turned her water off without notice and told my mother she would have to get the water turned on in her name now. When she signed her rental agreement, the water was included with the rent. Is the landlord legally able to do this?
ReplyDeleteMy mother's landlord turned her water off without notice and told my mother she would have to get the water turned on in her name now. When she signed her rental agreement, the water was included with the rent. Is the landlord legally able to do this?
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