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Tenant took our property

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gotmyown3

Member
What is the name of your state (only U.S. law)? AL

We moved to TX in 2013 and originally put our home in Alabama on the market. We couldn't get some things on the moving truck but if the house sold we were going to go back and get the remaining items, such as the lawn mower, rakes, etc. The housing market was so bad, we ended up taking the house off the market and renting it out. We wanted $800 a month. Well, a young couple wanted to rent it, but they asked us to reduce the rent, so we reduced it to $600. They didn't have any thing as far as yard equipment so we agreed to leave those things so they could take care of our yard. My husband had also custom built some shelves in the garage for extra storage. Since we had had it on the market to be sold, it had been completely repainted and the carpets cleaned. They paid a $500 deposit and first month's rent. The wife was pregnant and they wanted to go ahead and move in to be ready for the birth. We agreed to let them move in using the deposit as the rent for the few days of February that they were moving in early. They asked to be given the option to buy the house once their lease expired. They signed the lease in 2014.

We never had any problems with them. They paid late a couple times but paid the late charge. Their lease expired on 3/1/15. We are moving back to Alabama. We gave them the option of buying the house and they said they were going to move to be closer to the husband's new job. So we decided to move back into our home and gave them a 30 days notice to be out of the house by 4/30/15. They moved out on 4/19/15. And that is what brings me here.

They took a lot our property when they left. They took the lawnmover, the rakes, the hedgeclippers, a huge wooden lighted cross that my husband made for us to put in the yard for Christmas, the custom shelving in the garage, a light fixture in the livingroom is gone, garden statues, a small patio table, and never returned the garage door opener. The carpet is ruined, the window blinds are torn down, there's holes in the closet doors, and dirty diapers in the fireplace. The grass hasn't been cut in a year, the gutters are full, there's half of a dead deer in the back yard and cooler full of beer. They held their baby's first birthday party and used a staple gun to staple the streamers to the ceiling and walls. They also left a letter on the counter stating that because they were not paying pro-rated rent for April and that because they paid a deposit that we owed them $120 and if we agreed to pay it, that if we would text them that we agreed, then they would provide a forwarding address. I changed the locks but I'm worried about the missing garage door opener giving them access to the house.

My husband wants to press charges for the theft of property. Do we also press charges for the destruction of property too? I know the rent is civil court but I'm not sure what to do about the stolen property and the trashing of our property. Please give us some direction.
 
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Gail in Georgia

Senior Member
Welcome to becoming a landlord.

Tell them their security deposit is waiting for them and you require their new address to send it on to them. Once you receive this, file a claim against them in civil court for any owed rent and damages above their security deposit. Then, if you have receipts or pictures of the items they stole (as evidence), contact your local police department and file charges against them for theft.

It may take a while to go through the court system for the second charges but if a court agrees with your evidence, a warrant will be produced for these folks and if they are stopped for even something minor (i.e., a road check) they are likely to end up sitting in the back of a police car in handcuffs because of this.

Gail
 

STEPHAN

Senior Member
If you ever rent out a property again, use a property manager or get yourself educated first.

Get a proper security deposit and never ever be reasonable with late rent payments.
 

gotmyown3

Member
We don't have receipts. We purchased the rakes, clippers and shovels 3 years, at least, prior to moving and renting. The lawnmower was second-hand that we bought used from a guy who repairs them and sells them. The shelves and cross were handmade by my husband in 2008 when we moved in and the garden statutes were purchased at a flea market. Will statements from neighbors who know that we had those things prior to the renters living there be enough?

I'm sorry I keep asking questions. We just had no problems with these people and just didn't expect to have this issue.
 

Zigner

Senior Member, Non-Attorney
Based on the likely low monetary value of the items in question, it sounds to me like they might owe you a few hundred bucks. After you credit the $120, we're talking very little money. It might be more economical to send them a letter that you plan to just call it even. Chalk this up as a lesson learned.
 

TigerD

Senior Member
Report the theft to the police.
Talk to a lawyer about suing them.
Prepare the statement for the security deposit and mail it certified to the last known address of the tenant.
Sue them.

TD

Take copious photos of everything.
 

Gail in Georgia

Senior Member
"We don't have receipts. We purchased the rakes, clippers and shovels 3 years, at least, prior to moving and renting. The lawnmower was second-hand that we bought used from a guy who repairs them and sells them. The shelves and cross were handmade by my husband in 2008 when we moved in and the garden statutes were purchased at a flea market. Will statements from neighbors who know that we had those things prior to the renters living there be enough?"

Likely not. It's best to have actual receipts to use as evidence.

You can, however, sue for the damages they did to your property. Such lawsuits are typically handled through Small Claims court. Keep in mind, however, that even if you win your case, it would still be up to you to collect from these deadbeats. You'd need to research of your state allows wage garnishment (if either or both of these two are working).

Many landlords would simply write off the damages and stolen property as repairs on next years taxes.

For what it's worth, I had a pair of tenants who, after residing in one of my houses for just six months and being evicted for non-payment, left the place a wreck. I'm talking about holes in walls and siding, bathroom towel racks torn off walls, closet doors torn off, a bathroom ceiling fan set on fire, hot irons dropped onto carpets, a starving bait dog tied up in the back yard, etc. etc.. The final kick in the teeth was their stealing two new rugs I had put in the house. I did file theft charges against them for the rugs and 9 months later one of them was picked up. Six months later we finally went to court and she agreed to pay the cost of the rugs. Took another 10 months to get the money in tiny amounts at a time but I finally got it. I was hoping to get her new address so I could sue her for the 5K in damages she had left behind but no luck.

I did get some pleasure picturing her sitting in the back of the police car in handcuffs after being picked up for whatever reason initially.

Gail
 

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