If you are trying to do this lawsuit yourself, you need a GOOD landlord-tenant attorney QUICK. Many of these "damage" items will not be allowed BECAUSE you probably did not address them in your lease or accompanying documents.
If I were the judge, my first question would be "when was the last time you were in the property when your tenants were in occupancy?"
The damaged items are addressed in the lease. Here's a couple excerts from the lease:
2. Tenants understand and agree that he/she they shall be responsible for the payment of all gas, electricity used on said premises, and also to pay, as additional rent, ALL of the bills for water, sewer and refuse charges for the building/leased premises, including any charges from the City of Annapolis, MD in which said premises are located within seven days of written notification from Owners. Tenants further agree to open an account with the utility company prior to the date of commencement of this Lease agreement or the date of occupancy if permission of Owners is obtained to occupy the premises before the commencement date. In the event that the Tenants fail to make payments to the utility company, then the amount thereof may, at the discretion of the Owners, be added to and deemed part of the rent due and the Owners shall have the same remedies for collection of such charges as he/she/they had for rent. The Tenants shall use carefully, and for his/her/their legitimate purpose only, all plumbing, electrical, and other fixtures and major appliances, and shall pay for ALL repairs thereto. The Owners shall not be liable for failure to furnish, or for Tenants inability to procure, any of the above utility services, nor shall such failure be grounds for reduction of rent. In the event Owners are required to make repairs caused by Tenants negligence or careless use, such payments shall be considered additional rent and will become immediately payable by Tenants.
6. To pay, as additional rent, the cost of all repairs to the heating plant and plumbing, such as stoppage of drain pipe and toilets, the bursting of pipes by freezing, and all other damages to the premises of whatsoever nature, resulting from the use by Tenants or Tenant’s family, guests or occupants. Tenants agree to maintain the heat control for the premises hereinabove described at a minimum thermostat setting of sixty (60) degrees during the period beginning October 15th through April 15th in order to avoid the possibility of burst pipes due to inclement weather. Failure to maintain this level, resulting in damage to the property, will result in the assessment of any and all damages to the Tenants occasioned by this failure.
13. At the end of said term to surrender said premises, to clean premises, have carpets professionally cleaned, remove all personal belongings, and trash inside and outside of premises, replace any landscaping damaged, dying or in poor condition due to Tenant’s neglect, or Owners may clean premises and carpets and remove all personal belongings, trash and replace landscaping and charge costs to Tenants payable as additional rent to Owners.
18. No automobiles or other vehicles (including boats) shall be parked upon any part of the premises at any time except those that have been approved by Owners and only in the designated parking areas (driveway). Any inoperable vehicles or vehicles without current state inspection and/or current vehicle license will be towed at the expense of the vehicle’s owner. All Tenants vehicles must be in operating condition, with inflated tires and tagged. Any repairs or maintenance of any kind of automobiles is NOT permitted at any time on premises. This includes, but is not limited to any process by which a jack of any kind raises a vehicle or any portion of the vehicle off the ground. Any motor vehicle fluid stains found on the driveway will be the responsibility of the Tenants to have cleaned/removed. Owners may have the driveway cleaned of motor vehicle fluid stains and charge costs to Tenants payable as additional rent to Owners.
24. Tenants covenants and agrees to provide and keep in force throughout the term of the Lease agreement, with a company or companies licensed to do business in the state of Maryland, an insurance policy or policies with limits of not less than the actual cash value of the subject property at the time of loss, insuring (a) all furniture, furnishings, equipment, appliances and other personal property of the Tenants located on the premises or any portion of the land or building of which said premises are part against loss, harm, and damage from all perils including theft, but excluding flood, earthquake and other casualties excluded under the standard form of homeowner’s policy available to Tenants; (b) all automobiles of Tenants parked or to be parked on the property and any property therein against loss, harm and damage from all perils covered by the comprehensive coverage provided in the standard form of automobile insurance policy, including particular, but not by way of limitation, loss by collision, fire, lighting, theft, vandalism, and malicious mischief. Such policy or policies of insurance shall contain a provision by which the insurer waives any right of subrogation against the Owners arising out of any loss covered by such insurance. This requirement is intended to protect the Tenants against loss through procurement of available insurance coverage, without subjecting the Owners to liability for any loss which may be insured against, and further, without subjecting the Owner to subrogation claims of any insurer.
25. The Owners shall, upon written request promptly provide the Tenants with a written list of all existing damages. The request must be made within 15 days of the Tenant’s occupancy. Tenants agree to provide Owners with a written list of all damages to the premises within 15 days of occupancy. This list is for information only, and Owners shall not be obligated to make any repairs except as required by law. If a list has not been provided by the end of the 15th calendar day, Tenants acknowledges that the Leased premise is without damage and from the 16th calendar day forward, the Tenants will be responsible for any and all damages incurred.
26. Tenants agree to keep premises free of rodents and pests at their own cost, or Owners may hire exterminator and charge cost to Tenants, as additional rent. After the original copy of Lease is given to Tenants, Tenants agree to pay a fee of $20 for each additional copy of Lease or change of name to Lease and/or occupants.
29. Tenants agree to pay, as additional rent, the cost for repair or replacement of all appliances, and agree to pay as additional rent, for all service calls and repairs to premises up to $500.00 per occurrence, all within 7 days of written notification from Owners.
30. Tenants agree not to paint, wallpaper, wall cover, panel, or make any alteration of any kind to the leased premise. Tenants agree to pay for all costs, as additional rent, associated with repairs, painting or replacement of any wall, ceiling or floor surface in leased premise.
39. Satellite dish is not permitted on the roof of the premises. Tenants understand and agree to obtain written permission from Owner BEFORE any satellite dish is installed on the leased premise but not on the roof.
So, why would you ask that question if you were the judge? The tenants still had keys to the place as we were trying to abide by the Cancellation clause in the lease. However, when I received the November rent, that was the last communication I received from them, even though I sent them several certified letters (and made phone calls to their cell phones) requesting payments for past utilities, December's rent, the cancellation fee, late payments, advertising, etc... Also, the tenant's are required by the Tenant-Landlord Act to notify the landlord/owner of their intention to move, the date of the move and provide a forwarding address... none of this was done.
As for insurance, I'm not claiming that against my insurance policy. The renters were required to have renter's insurance per the lease. If they didn't get it, damages comes out of their pockets.
