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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Tenant (building contractor) left after contract expired .

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Tenant (building contractor) left after contract expired . Did'nt pay 1 1/2 mos. Deposit of 2,500 was used for the late payments during his 1 year stay @ 60.00/day for 90 days totaling to $ 5,400. Plants around the house were cut ,fpicket fence was change to 5 ft tall fence,. devider fr the living room to the hallway was taken out , walk in closet door was removed,one room was repainted , one room had child drawings and writings all over the wall,vertical blinds were removed and other issues..Few months before he left, he mentioned about the heater not working so he said he fixed it.He doesn't want to pay the rent because he said I was renting an unhabitable house. Because of his late payments my bank record was messed up and I ended up putting my house on short sale now. I want to know if I have chance of collecting the balance of $5,900 on small claims court.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, did you record the damage that he made to your property? Did you notify him in writing based on his debt? Did he ever in the past claim that the premises were 'uninhabitable'?
Customer: replied 3 years ago.

I do have a record and pictures of the damaged. I sent him and the wife an email of the charges and he never claimed before that the house was unhabitable . In fact a month after he moved in I told him we're selling the house because we can't afford to put more money to pay the mortgage and my husband has medical issue and we need money to pay for his medications. I told him I'll return the deposit but he insisted he will pay for whatever difference because he wants to buy the house in two years but we have no contract to that effect. Our addendum contract is for the new rent of 2,700/ mo affective Jan 2013 as against the orig contract of $1,850.

Thank you for your follow-up, Marcelina.


In that situation you have every right to pursue him for costs. Provided you honestly and accurately estimated the damages, and you can show the amount still owed, you can sue both him and his spouse (if they are both on the lease) as co-defendants jointly and separately for the full debt owed. Then if you prevail, you can pursue the funds either from one or the other person directly.


Hope that helps.

Customer: replied 3 years ago.

I forgot to ask you if I can still change the computation I sent them because I did not include the late charge on 5 mos and he was questioning why I charge him late payments only on few months and not on other mos and is there a law for maximum amount of late payment charges that I charge



My apologies but it would be too late to change or include more charges. Once you sent out the final invoice, you cannot change or modify it by adding additional fees.


Good luck.

Customer: replied 3 years ago.

The total amount owed by the tenant (excluding the repairs ,repainting and cleaning)----------------$ So what you're saying is I cannot charge him the damaged anymore because I have already given him the late payment charge and unpaid rent charge

That is correct, once you gave him a final invoice, that is all that you can pursue him for.

Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Is there a time limit when I can file my case in a small claim court? I don't have the new address of the guy but I have the womans address. But the woman said she doesn't know where he lives now since they split. I planned to file the case on the guy since he is the one I talked with. How do I send him the "Order To Go To Small Claims Court"