Tenants leaving

[pkish424]

Tenants lease runs out march 31st. I have her last monthes rent (march) but she's moving out now and has told me she's not paying febuary's rent. That I have her security deposit and to use that for this months rent. I tryed to tell her she couldn't do that but you know the story. She claims there is no damage. I know there is. Theres a missing globe from the kitchen fan. Paint and paper pulled off the walls from where she hung a blanket because she claimed there was a draft. ( I installed thermo windows in November) And the carpet from one of the bedrooms is missing. She gave it to the tenant on the second floor. Which there dog distroyed. She was not given permission to give this carpet away.. I bought the carpet two days before she moved in. So, my question is, since I will have to take her to the Housing Court here in connecticut. What do I have grounds to sue her for? None payment of rent? Or do I use deposit for rent and sue for the cost of damages. The damages I've seen the few times I was up there are going to add up to well over her $500.00 deposit.

 

[djdj]

No problem just sue her in small claims court next week, and when she doesnt show up you will have a judgement against her, then you can find out where she works and have her pay attached, it will take time, but the judgement will be on her credit report for 10 years...

tell her to have some cash ready for your inspection...

 

[LL]

I don't know anything at all about Connecticut law, but my policy here in CA is to move to evict a tenant if last month's rent is not paid.

Sometimes it flushes out the rent.

I don't have any trouble any more with my local judges taking a dim view of this policy. I have convinced them.

Of course, usually the tenant is out by the time the case comes to court, but I can still get an order of possession and the unlawful detainer is on their record. This means that I have some leverage for making an agreement before court that requires the tenant to actually pay me whatever is owed.

Unlawful detainer in CA gets a priority in court, in return for which only the issues of possession and unpaid rent can be considered. If I have already deducted from the security deposit for damage, then only what remains is deducted from my judgement for unpaid rent. The tenant has to go and file another suit, e.g., small claims in order to contest the security deposit deductions.

Thus, I get possession,I get judgement for unpaid rent, I get all of the security deposit toward, first damage afterwards toward unpaid rent, I served suit before they left. How much better can it be done?

Also, other tenants soon learn what happens if they try to skip last month's rent.