Tenants ripped out carpet - Landlord Forum thread

Tenants ripped out carpet by Merissa (FL) on June 20, 2012 @09:39

I had posted this before and everyone told me to evict the people but that I would need an attorney to do so. I have tried and tried to get an attornet to answer me but cannot seem to get one to even call me back because they ask if my tenants are behind on rent and when I say no, they ask why I'm wanting them out. Then they never call back. These people ripped out my carpet. I found out when my plumber went in to repair the kitchen sink. He called me and told me that the carpet in half the house is gone. I demanded the tenants pay for the damages to the flooring in which I emailed and snail mailed a copy of an estimate I got done. They verbally agreed but when asked to sign an agreement for payment they refused. What are my options at this point and if they are still paying rent and I have accepted rent am I screwing myself on being able to pursue this? Again, I cannot seem to get any answers from attorneys or even get one to call me back. Please advise what my next course of action should be and can I file a seven day notice myself for damages or not? Thanks.

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Re: Tenants ripped out carpet by Greg on June 20, 2012 @10:13	[ Reply ]

Post a 24 hour notice (or whatever is required in your state) and then go over with a camera and do a complete inspection of the property. Take lots of pictures. If the carpets have been ripped out then serve the tenant with a material noncompliance notice (again, whatever is required in your state). If the tenant will not sign the notice then nail & mail it. Be sure to mail the copy certified mail, return receipt requested. After this is done it's up to you if you want to evict or try to work with the tenants. REGARDLESS of what you decide you need to document everything. DO NOT use email for anything. Everything must be documented (and some courts will not accept email). Best of luck to you, Greg in Phoenix

Re: Tenants ripped out carpet

Re: Tenants ripped out carpet by Micah on June 20, 2012 @11:18	[ Reply ]

Don't you just wish there was a "do unto others" clause in the law?! They rip out your carpeting so you get to rip out the seats in their cars or something... lol

Re: Tenants ripped out carpet by MrDan (Georgia) on June 20, 2012 @11:23	[ Reply ]

Your first step is to issue a 'Seven Day Notice of Noncompliance with Opportunity to Cure'. This is a straight 7 day notice, no need to count weekends and holidays. Issue this notice right after rent is paid. This notice should state that the tenants are in violation of section/paragraph of your lease. That to cure this violation, the tenants must pay for the total cost to cure the violation as to landlords requirements. If after 7 days, your next step is to file for eviction if the tenants remain in violation. The attorneys are correct in that it's hard to evict for any other cause than non payment of rent. You have to have proof of damage for court. If the tenants are month to month or the lease is ending, give notice of non renewal. Contact a landlord association in your area to understand how the eviction process works, perhaps a landlord in your area can walk you through the proceedure. Yes, you can do an eviction without an attorney if you know how or have help. Is this month to month or a lease? How much time remaing on lease? How much carpeting was removed? How old was the carpeting? What did the tenants do with the carpeting? Whats under the carpeting? Do the tenants have pets?

Re: Tenants ripped out carpet

Re: Tenants ripped out carpet by Nicole (PA) on June 20, 2012 @11:31	[ Reply ]

stop "calling" attorneys. pick up the phone and make an appt. for the future, find an attorney that you can develop a relationship with. I can call for an appt. and get in within a day or so, I can call on the phone and speak to my attorney or I can e-mail and get a response.

Re: Tenants ripped out carpet by P-Bone in WNY (NY) on June 20, 2012 @14:01	[ Reply ]

There's a good reason why the LPA Lease is written to consider anything classified as "fees" to be considered "added rent." Generally, if demand is made for payment of any lease violations, fees, or other amounts due, the notice should include identifying that any money received will be first allocated to any past due "added rent" costs and then to current rent. That way, if they pay the rent, you can allocate it to the outstanding costs and then issue notice for non-payment of rent.

Re: Tenants ripped out carpet by NY-LL on June 20, 2012 @15:11	[ Reply ]

It is not necessary to evict a paying tenant for a single lease violation. (This is not meant to trivialize the severity of the lease violation and unauthorized removal of carpet.) The tenants should be issued a bill statement for the replacement or repair of the carpet damages. This will ensure the carpet does not become a major security deposit deduction at lease termination. If not paid within the specified time, with has already lapsed, then landlord file a small claims court case to obtain judgment.

Re: Tenants ripped out carpet

Re: Tenants ripped out carpet by OK-LL on June 20, 2012 @17:11	[ Reply ]

Here's how I would handle this: 1. Send tenant an invoice for the replacement carpet, with a payment due date within 7 days. 2. The next money I receive from them will be credited toward this invoice, then any remainder toward the rent. (Oldest charge is paid first.) 3. This will leave a rent shortfall, so serve a pay or quit notice for the unpaid rent & follow up with eviction for unpaid rent if not paid within the p/q period. Problem Solved.