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Hello,Id like to know what my legal rights are when a renter…

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Hello,I'd like to know what...
Hello,I'd like to know what my legal rights are when a renter has made our property unlivable....?...We count on renting the property to pay the mortgage...as we have recently taken a severe financial hit...Her own real estate agent threw her out...(she was waiting on a brand new house to be built...) she had over six dogs in an 800 square foot house....The Smell is unbelievable....you can't even enter the home....the floors are destroyed....they destroyed the yard as well....Is there a way to make her responsible for the repairs and mortgage until the house can be made livable again....? any help would be appreciated....Thank you for your Time, Beth Gallelli
Submitted: 8 years ago.Category: Real Estate Law
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6/13/2010
Real Estate Lawyer: Roger, Lawyer replied 8 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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You have a right to sue the tenant for the costs of repairing all of the damages she caused to your property. You'll need to get an estimate for the damages and then sue in small claims court for the costs.
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Customer reply replied 8 years ago
Yes but we need the money up front....and with out a renter in the house the mortgage does not get paid...we really are in dire straits
Real Estate Lawyer: Roger, Lawyer replied 8 years ago
You can also sue for the rent that you've lost because of the condition of the property. However, there's no way to get this immediately. You're just going to have to sue and get a judgment. You can't get the money any quicker than that.
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Customer reply replied 8 years ago
Hi again...There is $1,500 in a security deposit....the damages are more than that though...Is there a way to get that released to us for the Mortgage payment?
Real Estate Lawyer: Roger, Lawyer replied 8 years ago

Yes, this money should be turned over to you and used to reduce the amount of damages the tenant caused. You can use the money to make repairs or to make a payment on the mortgage.

 

 

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Customer reply replied 8 years ago
Is the yard covered as well ?....the grass was almost 3 feet high...and full of Dog food containers...and the dogs "waste"....does it make a difference that I am allergic to dogs..and have lung issues as well..she was told No Dogs !!.Code enforcement may come after us....the property is such an eyesore now....our neighbors offered her help on occasion....she ran them off.......It it expensive to file in small claims court?....and do we need a lawyer ?
Real Estate Lawyer: Roger, Lawyer replied 8 years ago

Anything within the boundaries of your property should be included. When you rented the house, you also rented the yard.

 

It isn't expensive to file a claim in small claims court - and the court can award you fees and costs as part of the judgment against the tenant.

 

I would always recommend hiring an attorney, but it is not required in small claims court. As I said earlier, you should be able to recoup attorneys fees in the judgment.

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Customer reply replied 8 years ago
I'm sorry if I seem a bit slow on the uptake...I've never had to do/deal with anything such as this before....Foolishly when I heard that her house was destroyed by fire...I offered the use of ours....which she promptly also destroyed....the couch, beds...carpets...even the kitchen table and chairs....I am so disgusted that someone would do this to another persons property....we love that house....it was to be where we retired to....Now I can't even enter it..that horrid smell has permeated everything..are the belongings covered as well ? Thanks again for your time and patience...Beth
Real Estate Lawyer: Roger, Lawyer replied 8 years ago
No problem! And, yes, anything she destroyed can be included in the suit.
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Customer reply replied 8 years ago
....last thing....the Mortgage....as long as the property remains empty....the mortgage is not covered....Selling it in the condition it's in is not an option either....because now it probably wouldn't even make what is owed ($98.000)....How long do you have before it becomes a Forclosure ?....
Real Estate Lawyer: Roger, Lawyer replied 8 years ago

Usually, a lender will not begin foreclosure proceedings until a loan is 4-6 months in default.

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Customer reply replied 8 years ago
OK...One more thing....can she be made to pay those missed payments ?....Our agent had another renter lined up for us....for a year....we lost them due to ...well all of the above....Thanks Again Adam for your time....Enjoy the rest of your Day~ Beth
Real Estate Lawyer: Roger, Lawyer replied 8 years ago
She won't be ordered to pay the bank/lender the missed mortgage payments, but you can get a judgment for the rent she didn't pay.
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Customer reply replied 8 years ago
So to be clear...Nothing for the loss of the potential yearly renter?....and all other renters for that matter....?
Real Estate Lawyer: Roger, Lawyer replied 8 years ago

If you have a lease, you're entitled to a judgment for the rent for the remaining term of the lease. However, you have a duty to re-rent the space as soon as possible. Once you do so, the tenant's obligation to pay would end. For instance, if the tenant moved out and the apartment was vacant for 3 months, you'd be entitled to a judgment for those months only. The new tenant would pay the rent from that point forward.

 

If you didn't have a lease, you would not be entitled to future rent.

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Customer reply replied 8 years ago
OK...my husband finally piped in....She was on a Month to Month lease....till August....we had a renter ready to come in August 1st....for a year....Now we lost them...due to her...she is still not liable for the loss of income ?....sorry to be so dense....Beth
Real Estate Lawyer: Roger, Lawyer replied 8 years ago
No.
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