LAPSED LEASE

[DSTUTZ]

I FOOLISHLY ALLOWED THE 2 YEAR LEASE TO LAPSE ON OUR RENTAL PROPERTY(I AM L) TENANTS GAVE 30 DAYS NOTICE TO MOVE WITH 1 MONTH RENT UNPAID. THE PROPERTY IS TRASHED AND SOME UTILITIES UNPAID. REPAIRS TO MAKE THE PROPERTY INHABITABLE ARE 4 TIMES THE AMOUNT OF DEPOSIT. DO I HAVE ANY RECOURSE? WHAT ARE MY RIGHTS? AM I S*O*L BECAUSE THE LEASE HAS LAPSED?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DSTUTZ:


I FOOLISHLY ALLOWED THE 2 YEAR LEASE TO LAPSE ON OUR RENTAL PROPERTY(I AM L) TENANTS GAVE 30 DAYS NOTICE TO MOVE WITH 1 MONTH RENT UNPAID. THE PROPERTY IS TRASHED AND SOME UTILITIES UNPAID. REPAIRS TO MAKE THE PROPERTY INHABITABLE ARE 4 TIMES THE AMOUNT OF DEPOSIT. DO I HAVE ANY RECOURSE? WHAT ARE MY RIGHTS? AM I S*O*L BECAUSE THE LEASE HAS LAPSED? <HR></BLOCKQUOTE>


My response:

I wish you would have mentioned your State so I could have quoted to you the operative laws in this matter.

The lease has very little to do with the fact that you've suffered damages. All because the lease has lapsed does not give someone the right to have a "free-for-all" at the expense of your property, your rights, and your wallet.

If you haven't already done so, document all the damage; i.e., take 35mm pictures of everything, then shoot video tape of everything, then have tradespersons review the various damages to give you estimates for the repairs. You'll have to separate out those repairs that are considered normal wear and tear, versus flagrant abuse and purposeful damage to your property.

Depending on the amount of monetary damages suffered, will determine which court (jurisdiction) you'll need to file your claims. If the damage is as extensive as you make it sound, you should seek the advice of an attorney for this, and other potential causes of action against the former tenants.

Make sure that you also send or deliver to the former tenant a list of all damages, and their amounts for repair, with an explanation of why you intend to withhold the security deposit, pursuant to your State laws. If you fail to do so, you might wind up owing them monetary damages. Do not make mention of the fact that you intend to sue them for damages above the amount of the security deposit, or they will vanish into the night.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 04, 2000).]

 

[DSTUTZ]

MY STATE IS INDIANA. THANKS FOR YOUR RESPONSE. I AM GLAD TO HEAR I MAY HAVE A CHANCE TO RECOVER. WE WILL MAKE A LIST OF DAMAGES AND CALL AN ATTORNEY.ANY OTHER RESPONSE IS APPRECIATED.

 

[Tracey]

Here's the Indiana law. It's pretty straightforward. Make absolutely sure you meet the deadlines and can prove that you did so. In other words, certified, return receipt!


IC 32-7-5-12
Sec. 12. (a) Upon termination of a rental agreement, all of the security deposit held by the landlord shall be returned to the tenant, except for any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;
all as itemized by the landlord in a written notice delivered to the tenant together with the amount due within forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until supplied by the tenant in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, the tenant is not entitled to apply a security deposit to rent.
(b) If the landlord fails to comply with subsection (a), the tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.
(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.


IC 32-7-5-13
Sec. 13. A security deposit may be used only for the following purposes:
(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear expected in the normal course of habitation of a dwelling.
(2) To pay the landlord for all rent in arrearage under the rental agreement, and rent due for premature termination of the rental agreement by the tenant.
(3) To pay for the last payment period of a residential rental agreement where there is a written agreement between the landlord and the tenant that stipulates the security deposit will serve as the last payment of rent due.
(4) To reimburse the landlord for utility or sewer charges paid by the landlord that:
(A) are the obligation of the tenant under the rental agreement; and
(B) are unpaid by the tenant.


IC 32-7-5-14
Sec. 14. In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within forty-five (45) days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 13 of this chapter, including the estimated cost of repair for each damaged item and the amounts and lease on which the landlord intends to assess the tenant. The list must be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.


IC 32-7-5-15
Sec. 15. Failure by the landlord to comply with the notice of damages requirement within the forty-five (45) days after the termination of occupancy constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.


IC 32-7-5-16
Sec. 16. A landlord who fails to provide a written statement within forty-five (45) days of termination of the tenancy or the return of the appropriate security deposit is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord, plus reasonable attorney's fees and court costs.


------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.