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How do I recover property damages on my rental from a previous tenant that has been put in jail?

Our tenant was apparently running a meth lab in our home and has gone to jail.  There are lots of damages to the property caused by the previous tenant that we want to enforce payment of.  Is there anyway to do this even though he is already in jail?

 

Answers (1)

A landlord may require a security deposit to ensure that the tenant takes care of the rental property and complies with the terms of the rental agreement.  A deposit cannot be withheld for normal wear and tear.  The landlord has 30 days after a tenant moves out to return this deposit, or give a written explanation as to they it was not refunded.  Your first priority is to establish the damages were not caused by normal wear and tear.  Take photos of all damages in case you end up going to court or filing an insurance claim.  Once this has been documented, you need to get a written estimate as to the cost of repairs needed.  If the cost of repairs exceeds that of the security deposit, you may seek to recoup the damages in one of several ways.

First, if the repairs are under $5,000, you can file a suit in small claims court in order to get a judgment against your former tenant.  Secondly, if the property is insured, you need to file a claim with your insurance company.  If there is a deductible that needs to be paid, include the cost of this along with the costs of damages caused by tenant.  Thirdly, you may file a civil case against the tenant, regardless of whether he is incarcerated.  He will still be obligated by the State to make restitution.  It is advised that you check the law governing your state regarding landlord/tenant matters and your legal recourse.

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