Water Damage with NO SD - Landlord Forum thread

Water Damage with NO SD by Christina (CT) on May 30, 2012 @18:32

long story short.... I purchased the property under my LLC a 1/2 yr ago. Previous owner kept SD due to prior damage. Tenant has made minimal payments towards SD (I know, my fault, won't happen again).
I gave the tenant 60 days notice that here month to month lease will not be renewed. Major work needs to be done to the apartment. She now has 2 days left.
It appears that she had intentionally clogged the toilet and repeatively flushed the toilet to overflow the water continuosly. Water leaked down to the 1st floor and damaged the drop ceiling and some floor.
I am having a contractor coming over to give me an estimate of the cost of damage. Do I bring this issue to small claims court?

Also, last week she asked for more time as her Section 8 paperwork is taking longer then expected for her to move to another apartment in a different town. Can I have the cops escort her off the premise as she is now trespassing due to not having an active lease?

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Re: Water Damage with NO SD by Anna Mouse on May 30, 2012 @19:01	[ Reply ]

After the 2 days pass you need to issue an order to quite. Depending on your state, you will have to wait 3 to 5 days and then file for an eviction. Wonder if an eviction will mess up her section 8? I would reply kindly that you can not afford to extend her time and that she needs to be out at the end of her lease and then proceed with the notice to quite which is the first step in the eviction.

Re: Water Damage with NO SD

Re: Water Damage with NO SD by Bryan (Ia) on May 30, 2012 @19:05	[ Reply ]

She has 2 days left of the 60....after they have elapsed, accept no more rent and immediately file for eviction due to holdover. You cannot just set her out without a court order.

Re: Water Damage with NO SD by Anonymous on May 31, 2012 @11:22	[ Reply ]

I know you want to sue her for damages but the reality is that if she is section 8 she has no money. You probably have little chance to recover any of that money from her. Now if you want to have the judgement against her in the record that is one thing. You will spend money on taking her to court and get nothing back.....is it worth it?