Tenants run off with big damages to home

[nepoez]

Hi All,

It`s been a while since my last post. But I recently had a tenant who took off without a trace and when the PM went to the townhouse, they found a mess and some big damages. The mess is fine, but some of the damages include hardwood floor squre tiles being ripped out of the floor and missing. That could cost more than the damage deposit can cover.

Do landlords have any rights to do anything about it? Or is it just tough luck for us?

Thanks!

Nepoez

 

[Nir]

QUOTE (nepoez @ May 27 2010, 05:10 PM) Hi All,

It`s been a while since my last post. But I recently had a tenant who took off without a trace and when the PM went to the townhouse, they found a mess and some big damages. The mess is fine, but some of the damages include hardwood floor squre tiles being ripped out of the floor and missing. That could cost more than the damage deposit can cover.

Do landlords have any rights to do anything about it? Or is it just tough luck for us?

Thanks!

Nepoez

Unfortunately, the more tenants you have the more it happens from time to time.
I believe your only option is small claim court. not experienced with that yet but for some reason have
the feeling that with low income tenants the bottom line is not good - you rarely get the money you deserve.
in the future i heard sometimes landlords get a surprise call from the tenant if their credit is affected thanks to
collection initiation. Cheers.

 

[invst4profit]

Small claims is definitely the route to go. The courts will garnish there wages if they have any or will ever have any and the mark will follow them for many years and can be extended.

They are criminals and should be hunted down.

 

[Thomas Beyer]

QUOTE (nepoez @ May 27 2010, 06:10 PM) Do landlords have any rights to do anything about it?
Taking them to court is an option to consider if
a) the damages are substantial (say over $10,000)
b) you know where to find them to serve a court notice
c) they have some assets or income to collect in the likely case you win a lawsuit

Winning a lawsuit and collecting are two different things !

 

[PropertySolution]

QUOTE (invst4profit @ May 27 2010, 08:10 PM) Small claims is definitely the route to go. The courts will garnish there wages if they have any or will ever have any and the mark will follow them for many years and can be extended.

They are criminals and should be hunted down.


I am not familiar with the courts in Ontario but I do know that here once a LL is awarded a judgment amount the onus falls on the LL to pursue any further action. This can also be costly and may add to a growing debt that you risk never seeing a penny for. That being said it may be in the LL`s best interest to stop beating the dead dog and simply file a report with the credit bureau and hope the Tenant needs credit with-in 7 years.

I agree they are criminals but unfortunately its falls into the line of a property crime and the reality is police do not actively follow up on such things.

The best protection is prevention.

 

[Sherilynn]

I agree that suing us usually not worth the time and effort. I wouldn`t have bothered except: 1) I am in Alberta and we have the RTDRS (quicker and cheaper than court); and 2) my tenant had one month left on her lease, refused to pay rent, and already had enough damages to eat her deposit; so this was a preemptive strike (ie. get her out early and get a judgment on record).

That being said, it is also possible to apply for garnishment of a bank account. All you need to know is the branch. My tenant had no job, but with just her name and branch I was able to collect on my judgment with very little effort.

Regards,
Sherilynn

 

[invst4profit]

Small claims court in Ontario is the common approach for LLs to recoup losses and is not very expensive. It`s only a couple of hundred dollars and I think is allowable for claims up to $10,000. Possibly higher now as there was talk of increasing that amount.
The LTB is virtually useless having no teeth to enforce there rulings so LLs after getting a LTB ruling simply apply to small claims with the LTB ruling in hand and it is usually a slam dunk.

The nice thing is the claim and garnishing order hangs over there lives for 5-7 years and is renewable for a small fee. I have heard of LLs getting calls years latter from X tenants asking to clear there debt so that they can move on with there lives.

Keep in mind a LL must be diligent in screening tenants so as to gather as much personal information on a applicant in preparation for the possibility of things going bad.

 

[housingrental]

Hi Greg
I`m not sure if I`m mistaken or this has changed but I thought LTB orders for payment etc.. could be converted through some paperwork and small fee ($150, etc.) at court without need for an additional small claims case if you`ve had to go through LTB for anything. Do you know anything on this?

 

[invst4profit]

Now that you mention it I believe there was a discussion of that over on Ontario LL some time back.
It definitely sounds familiar.

Did a search after posting and found it mentioned several times. Take the LTB ruling to claims and simply register it.

I knew it was easy just didn`t remember how easy.

 

[nepoez]

Thanks all for your help!

My property manager said they will be taking them tenant to court for rent and damage. Not sure how this will turn out but I`ll keep you posted.

Thanks!

Nepoez

 

[Nir]

QUOTE (invst4profit @ May 27 2010, 08:10 PM) Small claims is definitely the route to go. The courts will garnish there wages if they have any or will ever have any and the mark will follow them for many years.

what if the tenant was on disability or Ontario works and never provided bank account info?
I don`t see the government giving us a portion of his payment? what do think is the probability a criminal on disability will ever need you to fix their credit? SAD but unfortunately very small

 

[Trizzy]

Some valuable info here guys! Hopefully I never have to apply the information here, but if so, Cheers!

 

[invst4profit]

Individuals on Government handouts are untouchable. There is no way to collect damages from them.

 

[housingrental]

Sadly given enough time you will
Prepare in advance for downside scenario`s to ensure your covered

QUOTE (Trizzy @ May 28 2010, 10:09 PM) Some valuable info here guys! Hopefully I never have to apply the information here, but if so, Cheers!

 

[housingrental]

Thanks Greg

QUOTE (invst4profit @ May 28 2010, 06:42 PM) Now that you mention it I believe there was a discussion of that over on Ontario LL some time back.
It definitely sounds familiar.

Did a search after posting and found it mentioned several times. Take the LTB ruling to claims and simply register it.

I knew it was easy just didn`t remember how easy.

 

[Sherilynn]

Not quite true that government assistance is untouchable. While you cannot garnish government assistance directly, once it is in the bank it is somewhat accessible. I found some info on bank account seizures on the web advising the debtor: "Remember, the court and your creditor may not know if money in your bank account is exempt unless you tell them, because information about your bank account is private."

At my second RTDRS hearing with my tenant (not my choice), she argued that I shouldn`t have been able to take her benefits. I replied that I had garnished the bank account, not the benefits. The adjudicator advised that the tenant would need to address the issue with her bank.

(Of course, without knowing the branch, you cannot garnish a bank account anyway.)

Regards,
Sherilynn

 

[PropertySolution]

That reminds me... I use to do all my own small claims but haven`t done one in a few years but I made sure that I got the Tenants vehicle information with their application and when the situation was right I would simply seize their vehicle. Provided the vehicle is not leased this was always an effect way to get them to pay. Even if the vehicle`s condition did not seem worth it to me it very likely meant more to the Tenant... I do not recall every NOT recouping the majority of the debt back when I used this method.

Just a thought/option

 

[TomB]

QUOTE (nepoez @ May 27 2010, 06:10 PM) Hi All,

It`s been a while since my last post. But I recently had a tenant who took off without a trace and when the PM went to the townhouse, they found a mess and some big damages. The mess is fine, but some of the damages include hardwood floor squre tiles being ripped out of the floor and missing. That could cost more than the damage deposit can cover.

Do landlords have any rights to do anything about it? Or is it just tough luck for us?

Thanks!

Nepoez


Is the property in B.C.? Did you do a move in condition report and a written lease or tenancy agreement? If so, there is lots you can do. Go here: http://www.rto.gov.bc.ca/default.aspx and become familiar with the content so you can go after this tenant now and protect yourself in the future from it happening again. Basically, you get a judgement through the Dispute Resolution Process and then get the judgement enforced through the courts.

Good luck.

 

[nepoez]

Thanks Tom,

The although I`m in BC my properties are in Edmonton.

QUOTE (TomB @ May 31 2010, 02:40 PM) Is the property in B.C.? Did you do a move in condition report and a written lease or tenancy agreement? If so, there is lots you can do. Go here: http://www.rto.gov.bc.ca/default.aspx and become familiar with the content so you can go after this tenant now and protect yourself in the future from it happening again. Basically, you get a judgement through the Dispute Resolution Process and then get the judgement enforced through the courts.

Good luck.

 

[tnguyen]

QUOTE (nepoez @ May 31 2010, 04:32 PM) Thanks Tom,

The although I`m in BC my properties are in Edmonton.

Talk about the tenant subjects are the worse headache. I manage the property for my relative. After the tenant moved out and now the damages cost more than their security deposit. I sent them the bill and ask for the reimbursement and they said that I have no right to do my own works to repair the damaged. I`m running the renovation business and the Landlord wants my company to repair the damage. Some stuff like professional carpet wash that I have to contracting out. Does anyone think whether or not that I against the law? The tenant want to dispute this matter and won`t pay for the different. Any opinions are welcome.