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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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If a tenant, owing $5400 in rent, leaves the property in total

Customer Question

If a tenant, owing $5400 in rent, leaves the property in total disaster (2 broken windows, closet doors gone, commodes unusable, carpet with ground in dog poop all through the trailer, holes in the walls, places where the floor is rotted out, places where the floor was swayed so much we had to replace the floor, they broke the bottom of the refrigerater and the water ran out on the floor and rotted it out, mold and mildew throughout the trailer, these things to name a few) is there anything we can do to try and collect more than the $5400? Things like the cost of replacing the carpet, windows, doors, fixing the holes in the walls and etc.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 6 months ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 6 months ago.
Which state? Was there a security deposit? Was there a written lease?
Customer: replied 6 months ago.
WV No security deposit Yes to the lease.
Customer: replied 6 months ago.
The lease stated to give a 30 day notice if leaving.
Expert:  Loren replied 6 months ago.
Thank you for the additional information. Yes, you can retain the security deposit, after following the rules for giving notice, and then sue the tenant to recover your additional damages they did to the property which exceed reasonable wear and tear. If the amount owing after application of the security deposit does not exceed $5000, you can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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