Damages beyond sec dep

We've been landlords for more than 10 years, this is the first time we've had damage so bad that the security deposit won't even cover it, and we'll be dipping into our own pockets. Are we just plain out of luck on this, or do we have recourse?

--73.61.xxx.xx

Damages beyond sec dep (by WMH [NC]) Posted on: Apr 12, 2018 2:31 PM
Message:

Check your state laws. In NC it is now a misdemeanor to damage a rental beyond normal wear & tear. Will the cops / courts help, though? Don't know.

I've got one right now that is well beyond deposit but no way will I recover one red cent. --50.82.xxx.xx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 12, 2018 2:33 PM
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So far, I'm finding nothing for the state of NH--though apparently in other states, you can bill or sue tenants for such. --73.61.xxx.xx

Damages beyond sec dep (by Mike [PA]) Posted on: Apr 12, 2018 2:36 PM
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You can most likely sue in civil court but you need to have an address for them or your out of luck. Most go in hiding.

Even if you can find them, your most likely not going to get anything --174.201.xx.xxx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 12, 2018 2:37 PM
Message:

They've bought a house, so I could easily look them up in the register of deeds for the new address. Perhaps court would be our best option. --73.61.xxx.xx

Damages beyond sec dep (by WMH [NC]) Posted on: Apr 12, 2018 2:41 PM
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They bought a house? Lien time yay if you can make it happen! --50.82.xxx.xx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 12, 2018 2:42 PM
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That's true...hadn't thought of that! Thanks WNH! --73.61.xxx.xx

Damages beyond sec dep (by fred [CA]) Posted on: Apr 12, 2018 3:58 PM
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Chances are against you.

How much deposit did you keep and what are the damages roughly? --99.59.x.xxx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 12, 2018 4:09 PM
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Fred, we haven't kept anything yet, but based on the verbal from one of our contractors, plus damage to an appliance, it's pretty obvious the damages will go beyond their deposit. We have plenty of pics, working on getting all the estimatea together. --73.61.xx.x

Damages beyond sec dep (by Mike45 [NV]) Posted on: Apr 12, 2018 4:10 PM
Message:

In most states you would be able to sue the ex-tenants for the damages. Often, this would be in Small Claims Court.

The advantages of Small Claims: relatively informal, relatively fast, filing fees are usually reasonable, and you don't need to pay for an attorney to represent you.

Disadvantages of Small Claims Court: You won't have an attorney to focus your presentation, and some of the judges are inclined to "split the baby."

You still need to get the Defendants legally served. You still need to prove your case.

In many states, you can then file the judgment as a lien against the new house!

--71.38.xx.xxx

Damages beyond sec dep (by myob [GA]) Posted on: Apr 12, 2018 5:33 PM
Message:

You inspected and itemized damages I hope. Send to there LAST known address (which could be th erental). if its sent and retruned to you don'topen it. you may need it for court that you did send a bill. Witht he bill send them your suggested payment plan and options for repaying you. If no answer back in 45 days (at least here in GA) we file a civil suit explaining judgements and garnishment is the next step. Go from there-- get it on the court record as soon as you can. It's ligitimate debt don't let them steal from you. Credit company's pick up the court tapes of persons of record if not every day at least once a week. --99.103.xxx.xxx

Damages beyond sec dep (by Still Learning [NH]) Posted on: Apr 12, 2018 6:12 PM
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Small Claims court. Go on the NH court website and read up about maximum amounts. Note if it is over $1500 they can request a jury trial. Mediation is offered once the suit is filed. --24.61.xxx.xx

Damages beyond sec dep (by Still Learning [NH]) Posted on: Apr 12, 2018 6:15 PM
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What is the ballpark amount? Do you think since they are homeowners and didn’t skip out on you that you might be able to settle on an amount and have them pay you? --24.61.xxx.xx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 12, 2018 6:33 PM
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Ballpark, looking at maybe $500 over their security deposit--but I won't know for sure until I get the one big estimate back for the part of the home that sustained the most damage. We really thought they were decent people, I just don't understand how they could not know the extent of the damage caused by their pet (going forward--no pets!) They seem apologetic but I don't think they understand that what happened is beyond just some cleaning. We're talking all-out destroyed floors in several rooms that need complete replacement. Not to mention the broken appliance. And the entire place needs to be scrubbed down. We're certainly going to give them a chance to pay us without involving the court system, but I'm looking ahead at "what if"--just in case that's the road we need to take. But believe me, it will be a last resort. --73.61.xxx.xx

Damages beyond sec dep (by myob [GA]) Posted on: Apr 12, 2018 6:48 PM
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Tillie yea keep teling yourself that--- THEY DIDN'T KNOW OR NOT KNOW. Ya never know um til you live with um.

Don't be tricked again. Yea given uthem a chnge but don't be shocked when nothing gets paid. For the sake of the court put on your best show trying to collect--. --99.103.xxx.xxx

Damages beyond sec dep (by BRAD 20,000 [IN]) Posted on: Apr 12, 2018 8:07 PM
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Tillie,

Please come to Convention in May. I’ll be teaching how we keep this from happening to us. Several steps in place that are not in traditional leases to protect is from this exact problem. Has made a world of improvement in oir business!

I suspect your charges are too low based on your brief description of the damage. I’m also assuming you’ve been very lucky the last 10 years to not have this very normal problem.

Yes, you can sue for the overage AND get all your money IF IF IF you do it right. (Unless NH has some strange laws). We go after EVERY such bill and usually get our money.

First, be certain you comply with NH law on the Deposit Settlement deadline. Quick intergoog check shows 30 calendar days, 20 in certain circumstances.

Takes TONS of pics as evidence. Print them next to your move IN pics.

Get their new address. Play detective, check Facebook, ask the neighbors, go back over their app for clues, ask their boss...

Work up the pics and the bill, the settlement, and demamd paymemt. Sometimes they just pay...if you ask. No ask, no money.

BRAD --68.51.xx.xxx

Damages beyond sec dep (by NC INVESTOR [NC]) Posted on: Apr 12, 2018 9:42 PM
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If they bought a home look in the public records website that most states have. Search by name and it will show you their

address. If the records are by county then search every county closest to you first. The average person doesn't move more than 40 miles from their previous address or talk to the neighbors in case they were friendly with them. --71.75.xx.xx

Damages beyond sec dep (by Steve [MA]) Posted on: Apr 13, 2018 2:59 AM
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Tillie, do you have pictures, bills from 3rd parties for getting unit ready to rent or some sort of local inspection reports (insurance, building department, assessors, board of health, etc) that shows the condition prior to move in. These will be helpful along with your move out pictures and bills from whoever you pay to get the unit back in rentable shape.

In most states there is a specific time frame for you to account for the SD when a tenant vacates. In MA it's 30 days. In order to go after your tenant for the damages you will need to comply with whatever time frame NH requires. --72.93.xxx.xxx

Damages beyond sec dep (by nhsailmaker [NH]) Posted on: Apr 13, 2018 3:52 AM
Message:

NH statutes -gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LV.htm

do your final deposit accounting - State law allows you to use estimates if actual invoices for work are not done. Send within proper time frame by registered mail return receipt with section checked for forwarding mail. That way if they left Post office a forwarding address P.O. will give you the new address.

Write in the deposit accounting letter that they owe you $$$ xxxxx payable within 30 days.

If not paid within 30 days take them to small claims court - YOU WILL WIN --24.34.xx.xxx

Damages beyond sec dep (by Still Learning [NH]) Posted on: Apr 13, 2018 3:56 AM
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Search NH General Court RSA 540-A:5-8 is NH Security Deposit law which details return timeframe and accounting required, if interest is due, and damages that will be paid to tenant if landlord does not comply with the law. --24.61.xxx.xx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 13, 2018 8:50 AM
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nhsailmaker: it looks like those laws are specifically for Probate, so won't help me.

Still Learning: the law you quoted protects tenants but not landlords. But thanks anyway!

Steve, NC Investor, and BRAD 20,000: yes, we have pics of before and after--so we'll definitely use them if need be. We also have their new address. Our charges are definitely not too low--that's not the issue---it's the cost of damages. Even, say, a sec dep of $1500 doesn't cover new flooring, cleaning, drywall repair, and trash removal.

So as you stated, it's the laws that need to change. A month's rent is, in this case, not sufficient as a security deposit. I'd hate to see what the bill would have been if all of the floors had been trashed--this is only a few rooms.

--73.61.xxx.xx

Damages beyond sec dep (by Still Learning [NH]) Posted on: Apr 13, 2018 3:23 PM
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nhsailmaker sent you NH Laws. The Chapter "540" are specifically Landlord & Tenant Laws for NH (although there are other chapters too). Whether or not they protect the tenant, those are the laws we must follow. If you feel they are too tenant friendly, I would encourage you to pay attention to the legislative happenings. There is an active group of landlords that put forth legislation each year. This past session there was a bill (HB1485) proposed to allow landlords to collect more than 1 month's rent as a security deposit. A hearing was held in Concord with the Judiciary Committee and far more tenant right's groups showed up and eventually it was voted "inexpedient to legislate" (failed). --24.61.xxx.xx

Damages beyond sec dep (by Tillie [NH]) Posted on: Apr 13, 2018 5:41 PM
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Still Learning: gotcha. It looked to me like it was lumped under Probate. But yes, agreed that there needs to be more in place to protect the landlord. I've heard from several others over the years that NH is very tenant friendly, but not landlord friendly. I'd be interested in joining the group that works to change legislation. --73.61.xxx.xx

Damages beyond sec dep (by Still Learning [NH]) Posted on: Apr 13, 2018 6:34 PM
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Look up Apartment Association of NH Legislative Affairs. You will find descriptions of what passed and contact information of the person that sends out legislative updates. If you are near Dover, there is a landlord group (NHRPOA) that meets on the first Thursday of every month from 8-10AM. --24.61.xxx.xx

Damages beyond sec dep (by Vee [OH]) Posted on: Apr 14, 2018 4:29 AM
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There must be some timing of your accounting statement which you must send by court approved transit or USPS greencard proof of delivery, I go room by room with some photos only taken to court - this creates a line item for repairs not wear-n-tear and the cost of repairs, sometimes the expenses over run the damage deposit but either way you must send the accounting statement to last known address or new address. I would get the -real numbers- on paper in time to send the bill, my area requires 30 days to pay (OH is a 30 day state, no local tenant law overrides this in my areas), when unpaid then I am allowed to file in court for full amount and interest (which begins after the appeal period has evaporated), I do not accept partial payments before court (I want to get the interest clock ticking), but afterwards I negotiate and must report each payment to the clerk of courts, the clerk also tracks the interest, when they are real property owners like you have you can attach a lien but follow the rules there so the interest can run out to payoff time. --76.188.xxx.xx

Damages beyond sec dep (by Wilma [PA]) Posted on: Apr 14, 2018 10:46 AM
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We had a very similar situation - we decided not to file with small claims on about $400 because it would cost us a minimum of $250 for the case, plus the expenses of our time and printing of photos, etc. When we sent the tenant the accounting at the end of the required 30 days, we listed the extra uncovered damages and noted that we would not be pursuing that amount "at this time".

They later called and threatened to take us to small claims over some of the items for which we used the security deposit to remedy. As we had sheaves of photos and documentation, we replied, "Go ahead." We figured that if/when they opened the S.C. claim, we could counter for the uncovered damages.

They never filed. --71.175.xxx.xx

Damages beyond sec dep (by cjo'h [CT]) Posted on: Apr 14, 2018 2:47 PM
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Tillie,I have been to Claremount.Nice place.I would slap a lien on that new house.It'll have to be sold someday,who cares when? Even if you don't benefit,your estate will or someone in your family................charlie...............................................had plates for my truck away back with NH Regis...................................... --174.199.x.xxx

Damages beyond sec dep (by cjo'h [CT]) Posted on: Apr 14, 2018 2:59 PM
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Tillie,you say there was trash left.put in in the pickup and dump it in their new driveway,preferably in front of the car.........charlie..................................................................... --174.199.x.xxx

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