Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Hello, We just had a tenant move out and the damage is

Customer Question
Hello, We just had...
Hello,

We just had a tenant move out and the damage is unbelievable!

When the moved in they had a nice place: carpet was only 1 year old, and very clean, whole house had new paint, new bathroom fixtures, new bathroom and kitchen flooring.

Tenants lived in property for eight years, started with one-year lease which continued as a month-to-month after first year.

Regardless Tenant gave us the keys on 13th and we fouind many problems far exceeding the security deposit: all carpet removed from the property (except in master bedroom --where it is caked with food and drink and ??) , several windows broken, rat holes in the master bedroom, rear yard fencing torn down, lawn no lobger exists -- dirt yard with wees, ceiling in basement half torn down, and walls covered in child's grafitti.

Waht is my recourse . what is the proper process to try and recoup monies fro repair from the tenant?
Thanks,

Cliff C.
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
6/18/2010
Real Estate Lawyer: P. Simmons, Lawyer replied 8 years ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,701
Experience: 12+ yrs. of experience including real estate law.
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Your recourse is to sue them. You can sue in small claims in MD up to $5k...if you want more than that you will need to hire an attorney and sue in district court.

Now, if they left a security deposit, you can use this to help offset your losses.

Make sure you document ALL costs. And get photo's/video to help prove your case.

Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago

So do we need professional tradesmen to provide estimates and/or perform the work? Or can we do the work and charge tenant for materials? What will standup in court?

 

Also in MD we have 45 days to send back security deposit and letter of disposition of deposit. Do I need to inform tenant via courier or other proveable method that I informed them of the costs associated with repairs to their damage above the deposit?

 

And how can you not be giving legal advise? You are a real estate lawyer -- aren't you?

 

Cliff

Real Estate Lawyer: P. Simmons, Lawyer replied 8 years ago
YOu can do either...you can have a contractor bid, or you can do the work yourself and charge materials.

Yes, you need to keep a copy of your notice you send to the tenant...and send it registered, return receipt requested.

The terms of service of this site prohibit me from entering into a attorney client relationship...I am an attorney, but I can not give "legal advice"....but I can give you accurate information...which is what i do...each and every day on this site.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,701
37,701 Satisfied Customers
Experience: 12+ yrs. of experience including real estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

37,701 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Under what exact circumstances are you allowed to legally
Under what exact circumstances are you allowed to legally have a kitchen AND a 3 piece bathroom in a cellar? It's a 2 family with a finished basement that I'm looking to legalize. Because it's a cella… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
Lived in same apartment 4 1/2 years and carpet was the cheap
Lived in same apartment 4 1/2 years and carpet was the cheap quality. There was a large red stain in the master bedroom. I knew that and before moving out asked the apartments if I had to worry about … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
I own a duplex..I live on the first floor and rent out the
I own a duplex..I live on the first floor and rent out the top floor..in the past the tax prep person has deducted the repairs done to the basement and floor #1 as he said"the basement and first floor… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I'm renting (3br 2bath) for $1225/month. I have been a tenant
I'm renting (3br 2bath) for $1225/month. I have been a tenant here since Sept 2012 and am 10 months in to my second 2yr lease. This February, the landlord ripped out the shower stall to replace the se… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
Landlord Demand $1500 in additional to $1500 security deposit
Landlord Demand $1500 in additional to $1500 security deposit Tenancy 4 years, 2 bedroom- 1 floor approx 900 Sq ft Married, no kids no pets- no shoes in apartment Cleaned 100% Incl bathrooms, Kitchens… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have a house in Bay Shore New York. I had rented it for five
I have a house in Bay Shore New York. I had rented it for five years. The tenant had two, two year consecutive leases. I started to show the house once again at the end of the second lease. I agreed w… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I am a landlord. A renter vacates an apartment and writes
I am a landlord. A renter vacates an apartment and writes me a check for the last half of Novembers' rent, post dated til 12/16. He has had a job situation and asks me to please hold till the specifie… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hey~ We are in GA- and we had tenants move out of our old home
Hey~ We are in GA- and we had tenants move out of our old home Oct 1. They are are arguing over the deposit- Initially they did not even clean the premises and left, holes knocked in walls, dirty floo… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My lease ended on March 31,2010. I have been living without
My lease ended on March 31,2010. I have been living without a lease paying $100-$115 more per month. I have been trying to purchase a home, and have ginven notice several times, but the closing never … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My tenants are 5 month renters, however, they have been in
My tenants are 5 month renters, however, they have been in the unit for about 3 years. I wa in school for almost the whole time. My husband did not keep watch over the unit. I have begun to clean for … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I recived my entire damage deposit back from landlord.now 3
I recived my entire damage deposit back from landlord.now 3 weeks later they are trying to charge me for repairs… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Is a landlord breaking any law or laws if he tells a tenant
Is a landlord breaking any law or laws if he tells a tenant rent is increasing to catch up to market value according to the current appraisal when he is charging more than the appraisal indicated due … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I just moved at the end of my 12 month lease, gave proper notice,
I just moved at the end of my 12 month lease, gave proper notice, cleaned the apartment, left on good terms, etc. A security deposit was not required when I leased this apartment. I am being billed no… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
HI I HAVE TENANTS WHO REFUSE TO PAY THIS MONTH RENT, ALSO
HI I HAVE TENANTS WHO REFUSE TO PAY THIS MONTH RENT, ALSO HAVE CAUSED DAMAGE TO THE BATHROOM FLOOR (CAVEING IN), THE BASEMENT CEILING DIRECTLY BENEATH THE BATHROOM IS WATER DAMAGE. THE TENANTS ARE THE… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
After renting a house for approximently 7 years and about to
After renting a house for approximently 7 years and about to move out, what can the landlord take out of the security deposit for what would be considered normal wear and tear or maintenance related i… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in a 2 bedroom, 1 bath downstairs apartment. The toilet
I live in a 2 bedroom, 1 bath downstairs apartment. The toilet in the upstairs apartment overflowed due to the new tenant's boyfriend stopping up the toilet and breaking the flush valve. My apartment,… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Hi I live in San Francisco, CA where I own two houses (one
Hi I live in San Francisco, CA where I own two houses (one I live in (227 Kingston St) and the other (312 Prospect Ave.) I rent out). I lived in the 312 Prospect house for twenty years I moved out Oct… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I occupied a rental house for 20 months. Due to no ventilation
I occupied a rental house for 20 months. Due to no ventilation or insulation the house was a furnace in the summer and freezing in the winter.Came upon a rental on the 10th was approved to move in the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x