- Suing a tenant for damages to the property depends on whether the lease is ongoing or the lease has ended.
- If the lease is ongoing, you’ve given the tenant 48 hours notice to enter the property, and you know there are some problems, you have the right to go to the court for damage to the apartment. You can also repair the items and charge the tenant and put it on the rent.
- After the lease has expired, when you gain possession you should immediately inspect the rental unit, note each instance of damage, put them in a letter, and send the letter to the tenant (called a 20 day letter) together with the remainder of the security deposit. Then, go to court to seek any past due rent and money to cover damages to the property.
- If you have any questions about how to get payment for damages to your property, contact your local landlord/tenant attorney.
