Quote:
Originally Posted by DALEPQ
Additional Note: I am looking to file in Small Claims Court if possible.
Being in TV 09/03/21 to inspect for damages, looking to potentially discuss
options with an Attorney, if there is one that is willing to discuss this.
Maybe just have to kiss this off, but really want to let the renter know that
there are consequences to breaching a contract. Just a matter of principal because
they are now so arrogant in faulting how they can breach the contract.
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It's been a while but last time I did this it was in PA but should be similar civil complaint through district court (small claims without an attorney). The people at the court office where you file provide the form and also advised me how to calculate the filing fee (which could be added onto the amount I was claiming). I needed to fill it out in detail (repairs, rent, the filing fee then a total). I got a hearing in about 10 days or so but I needed an address for the tenant to receive the hearing notice (as well as ultimately to exercise any judgment when I prevailed). There was timing involved, waiting for judgement, then waiting for the period I was allowed to serve it. All do-able in my case as the tenant had caused significant damage. But, if no new address, you have to find them first and if they are out of state it's a LOT harder as we would have had to transfer the judgement to that state first before serving.
All that said, if it's for lost rent, I just take a deep breath and advertise right away and try to replace the tenant as the process (even small claims) outweighed my time to go through that exercise if I successfully secured a new renter.
I understand you are upset but, as one poster cautioned, they are in your house now and you want it back in good condition. Also, do they have your key, your gate pass, furnishings or a cart? A lot is at risk. I might suggest you begin to advertise, inspect when you arrive and try to be cordial (disappointed with them for leaving early, ok) so you can get the forwarding address for their security deposit refund once you inspect and find another tenant. That way, if you need to act, you won't have to search for them.
Sorry for your issue. We've rented for many years and it usually goes smoothly but, when it doesn't, I understand how upsetting it can be. Good luck!