Question about my Renter and can I sue for more than deposit?

The judge will side with you. Bring evidence and the actual bills for the repairs.

You got off lucky, 5k is not that bad.

All of what you mention is damage - not normal wear and tear - so you can hold the tenant liable.

You can only charge for the depreciated cost of the carpet replacement. If the carpet is 2 years old, you charge 5/7 of the cost to the tenant. Generally carpet is depreciated over a 7 year schedule.

Hopefully, you took pictures of the stains before ripping the carpet up.

The painting cost - a judge may allow, deny or only allow a portion of the cost to be held against the tenant. Again, you will need proof.

If the tenant used your counter tops as cutting boards and left them scratched or gouged, again that is damage. Counter tops are expected to last for a very long time, so there is little to no depreciation. Charge the tenant the full cost.

Send the tenant the Security Deposit accounting listing all of the damages in an itemized list. Make sure you send it within the time allowed per your state's laws - generally 30 days, but check.

Deduct the Security and Pet Deposits (since stains on carpet could have been pet related) from the total, showing a balance due. Demand payment by a specified date. If the tenant does not pay, file in Small Claims court.

You should be able to get a judgment against your tenant based on the evidence you provide.

Hopefully you took pictures of all this.

You can sue them for more since there is more damage then the deposit covers. the judge might make you depreciate the carpet by 2.5 yrs meaning you might take a slight loss. As for the countertops it's beyond normal wear and tear you can charge for it.

The painting you can charge for the stripping of the walls to remove the smoke smell you might not be able to get the fee to repaint since most states don't allow a landlord to charge for repainting if the tenant lived there for 2+ yrs.

I suggest next time you rent your place out do an inspection 6 months after they move in then go back a year later.

Part of the answer would depend on what state you live in.

However if your tenant violated your lease agreement then, yes, you have the right to sue them for damages beyond the initial deposit. Smoking can do more damage to a home than most people realize. The smoke permeates latex and water based paint. If someone has a common place that they smoke you can see the area around and even the ceilings will be stained.

Stop repairing the house and get pictures as soon as possible. Make sure you get several photos of each stain and bring those with you.

Many times, sending a bill to an exited tenant along with a notice of their violation, a copy of their lease agreement with the violations highlighted and a threat to sure or send to collections will allow for a settlement that will allow you to bypass the fees and time lost of court.

Hope this helps.

1 This damage did not occur in the final months of occupancy. It is the landlord's responsibility to make periodic casual inspections of the property. I use the "I'm changing the smoke detector batteries and putting in fresh furnace filters" excuse to make a cursory look-see twice a year. This can keep the tenants on their toes and let you spot possible problems.

I also make an annual fairly detailed checklist inspection to look for repair/upgrade necessities. If you do see anything address it immediately. Damage should be repaired and charged against the tenant as soon as they occur. Violations of lease clauses should be addressed firmly with written notification to remedy.

#2 You MUST get professional estimates of damages asap and notify the renters in writing within 30 days (21 in California) of how you are handling the deposit or you forfeit all rights to keep any portion of it.

List ALL the damages and the cost of repair. Provide the written estimates and photos of the damages. Tell them you are keeping the entire deposit and intend to bill them for the balance.

Once you have a full acounting of the damage send them a demand letter. Sue them in small claims court (even if the limit is less than the full damage) if they don't pay up within 30 days.

Once you win the judgement goes on the record and will follow them for years. You can then attack their paychecks, bank account, and maybe their tax refunds.

In the meantime, study #1 carefully.

You should expect wear and tear after 2 years. They should not have to pay so you can turn the house over for new renters. You can try to sue, but don't bank on it. And you could have tried to have those stains dyed and steamed instead of throwing out the carpet.

Why wouldn't you have to paint after 2 years of someone else living there?

The countertop scratches should be billed back. You can sue, with the attitude, I can always try.

YES! If the damages are legitimately more than the deposit you can sue for that. Make sure you have all the receipts, because you will not collect anything you do not have a receipt for. If you did any of the work yourself, then you will only get back materials costs. You cannot charge for your time.

Type up a final accounting with all the receipts, subtract the deposit amount and mark what is left to be paid.

Yes, of course you can. However, you have to document that your repairs exceed all of the deposits and fees the tenant paid. You should also be prepared to document the move-in condition of the unit (photos, dated receipts, etc.). Judges are bias toward tenants in that they expect landlords to know the law and provide proper documentation, so familiarize yourself with your state's landlord tenant laws.

Depending on your state, you're still probably liable to send a final accounting to your tenant within 30-days of move-out or else the tenant can sue you.

Also, make sure you don't exceed your state's small claims limit unless you plan on hiring an attorney.

Take photos, document everything. You can sue her for damages beyond normal wear and tear.

You can sue for additional damages as long as you have proof.