Tenants trashed house, legal recourse? - WORLD Law Direct Forums

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This was our first home and we took VERY good care of it. When our family got too big for it we bought a bigger house when we thought ours had sold. We sold it and they sublet it, violating the contract and eventually let it go back to us. Thus, we became landlords. We took over the rental agreement and signed a new one to make it legal. Three years later we had to evict them. They have really done a number on this house. What are the steps that I need to take to recoup the costs of cleaning and repairs to my rental property? Numerous items broken, holes in walls, marker all over bedroom walls, broken doors, ruined laminate flooring, stained carpets, holes drilled in side of house (raked shake cedar shingles), every floor filthy, damaged trim, and rabbits let loose to tear down insulation under house. Also observed smoking in house. Smells like cigarettes in every room. Piles of garbage left in back yard with cat litter dumped in garden. Broke the bottom of every sheet of plastic on the green house from I think a weed eater. Nailed boards to the outside of the house. I am guessing thousands in damage. Obviously more damage than you would take to small claims court. Already spent two whole days patching sheetrock and painting. Can I sue for cost of materials and my time as well as to include court costs and attorney fees? We are in Oregon

The small claims limit in Oregon is $7500. When one prevails they are awarded their court costs, too. But in small claims court attorneys are not allowed. Get your estimates of the damage, first, for you may find you can get the repairs done within that limit or close. The advantages of small claims court is that calendars are swiftly dealt with, short time from filing to trial. Procedures and rules are simple and easy for non lawyers to understand and present their cases at hearing.

Should you choose to file in superior court, you are looking at 2 years to get to trial, the minimum in many urban cities, attorneys fees of an average of $20,000 just to get to trial -- so one should have a defendant with deep, deep pockets before they decide to launch a suit in superior court.

You know the resources/income of your tenants and the likelihood of collecting from them -- two years from now if you take the superior court route. Of course if they do not lodge an answer, default can be obtained within 30 days or so, and then you would be entitled to judgment for damages if you have the proofs.

My recommendation is that you get several estimates for the clean up and repairs, document the damage with photos, and once you know the total, file your suit in small claims court. If the total is a little over the small claims limit, you can still be awarded the maximum amount and might be further ahead than incurring the additional time and expense of filing in superior court.

Source: http://www.worldlawdirect.com/forum/landlord-vs-tenant-issues/70341-tenants-trashed-house-legal-recourse.html

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