Filing on evicted tenant (by Kevin [TN]) Apr 15, 2014 1:08 PM|
Filing on evicted tenant (by AllyM [NJ]) Apr 15, 2014 2:12 PM
Filing on evicted tenant (by Gary G [IN]) Apr 15, 2014 3:02 PM
Filing on evicted tenant (by V [OH]) Apr 15, 2014 4:41 PM
Filing on evicted tenant (by Chris [CA]) Apr 15, 2014 5:14 PM
Filing on evicted tenant (by S i d [MO]) Apr 15, 2014 6:26 PM
Filing on evicted tenant (by Kevin [TN]) Apr 16, 2014 3:41 AM
Filing on evicted tenant (by V [OH]) Apr 16, 2014 6:11 AM
Filing on evicted tenant (by V [OH]) Apr 16, 2014 6:15 AM
Filing on evicted tenant (by Robert,Ontario,CAN [ON]) Apr 16, 2014 7:26 PM
Filing on evicted tenant (by James [MO]) Apr 16, 2014 9:00 PM
Filing on evicted tenant (by Kevin [TN]) Posted on: Apr 15, 2014 1:08 PM
So we just kicked out our tenant via the eviction process and got our first look at the house in a few months. They replaced our very expensive appliances and electrical/plumbing fixtures with what they felt was their taste, a more 50's nostalgic look. On top of that they painted all of our custom tile black including kitchen cabinets and vanities in bathrooms. What recourse do we have at this point? Police say it's a civil matter since we allowed them to rent from us and have access to the house, so we can't press criminal charges. Are there any options at all for us without wasting lots of time and money chasing after them in a civil suit, or is that pretty much the only option at this point?
Filing on evicted tenant (by AllyM [NJ]) Posted on: Apr 15, 2014 2:12 PM
So they sold your appliances and got 50s era junk? That would be theft wouldn't it?
I would go after them with an attorney if you can afford it. Get estimates for painting everything back to normal colors. Take photos to court. Show in your lease where it says painting is not allowed or whatever the wording is.
If the judge has the least amount of taste he or she will find for you. Why don't you investigate one of those tv court shows to see if they will take this case?
It's really interesting with all the stuff painted black, nice and visual for tv.
Olde Miss Ally --69.141.xxx.xxx
Filing on evicted tenant (by Gary G [IN]) Posted on: Apr 15, 2014 3:02 PM
AllyM you said "That would be theft wouldn't it?" and the next statement is "I would go after them with an attorney"
Theft involves the police, civil matters involve an attorney and it doesn't matter if the judge has taste or not, they decide based on the law, not emotions.
Kevin, if the police refuse to deal with it, the only option you have is civil suit against the old tenants. You are forced to spend money to try to recoup your losses. Do you have all of the model and serial numbers of the missing appliances? (yes, I have all of mine written down). Do you have good pictures of the unit BEFORE they moved in and a move in inspection report? The more you have to prove your position and prove damage, the more likely you will win the case. After that you have to try to collect from the deadbeats. good luck --99.132.xxx.xx
Filing on evicted tenant (by V [OH]) Posted on: Apr 15, 2014 4:41 PM
If you have model/serial numbers recorded for each appliance a police report would be in order for named suspect theft, photos will help once the old tenants are located but uncle joe prolly got these and they are out of town already. I have a place on the lease where everything is recorded in my campus places, I dont provide them in city single places - let me ask when was the last time you saw them there during a smoke alarm test or furnace filter replacement? --75.94.xxx.xxx
Filing on evicted tenant (by Chris [CA]) Posted on: Apr 15, 2014 5:14 PM
When I started out, I tried to be Mr Nice Guy. Brought my personal TV to a young tenant - who stole it. That way I learned about a $ 400 rule in CA. Your appliances will have cost many times more, making this a CRIMINAL MATTER.
Get back, file a theft report. Once you have photographs, witness' statements (ideally someone who is not related making a sworn affidavit at a notary's) and proof of purchase prices.
It's a cut and dried case - I would have thought cops love to polish the crime statistics!! --101.108.xxx.xxx
Filing on evicted tenant (by S i d [MO]) Posted on: Apr 15, 2014 6:26 PM
How long were they residents? When was the last time you got inside the property to inspect? Did their "redecorating" occur since your last inspection?
Methinks this whole mess didn't happen just overnight. Get inside at least once every 90 days.
As for now, unless you think these people have good jobs that they won't leave the minute you garnish them, I'd just call it a loss and move on. I have had little success winning civil cases after they've moved out, and even less success collecting. You could try reporting their debt owed to you after all repairs are made to the credit bureaus. It can be done even without a judgment using the debt reporting service on this site for $12.95 per person. A ding on their credit report might motivate them to pay up sometime in the future. --108.250.xxx.xxx
Filing on evicted tenant (by Kevin [TN]) Posted on: Apr 16, 2014 3:41 AM
It's not a criminal matter according to the police because we had a "landlord/tenant agreement giving them access to the house and everything in it." It's definitely a civil matter even though I don't agree with that. We inspected a few months ago and there were no drastic changes at that time.
Thanks for everyone's input. We'll probably just have to cut our losses unfortunately, but we will certainly pursue the credit report thing on this site. --68.52.xxx.xxx
Filing on evicted tenant (by V [OH]) Posted on: Apr 16, 2014 6:11 AM
I encourage you to take the numbers and photos with you to the police station, talk to someone in charge to report -theft- - it is a criminal matter that they were -stolen- from your house. --75.94.xxx.xxx
Filing on evicted tenant (by V [OH]) Posted on: Apr 16, 2014 6:15 AM
Ask the person at the police station if car rental companies report stolen cars, it is the same thing, the decorating damages may also be criminal but leave it to the appliances on the report, send accounting statement asking for restitution in 15 days to avoid legal action, then file in small claims court using your old address unless you have a new one - on my application I am allowed to use emergency contacts for this, thanx Brad20k. --75.94.xxx.xxx
Filing on evicted tenant (by Robert,Ontario,CAN [ON]) Posted on: Apr 16, 2014 7:26 PM
The only option is to file with small claims court then get a judgement for the damages and loss of appliances. If the tenant is collectable where they work then one can move forward. First one needs to find the tenant where they can served then it is matter going into small claims court. --74.220.xxx.xxx
Filing on evicted tenant (by James [MO]) Posted on: Apr 16, 2014 9:00 PM
I think your situation is theft, and also vandalism. Get a police report. Report the vandalism to your insurance company. Maybe you can get some money back.