What do we do when a tenant has totally destroyed our rental, i.e. cut a large hole out of new carpet, crushed cigarette ashes in into same carpet, poured sand into the bathtub (bathroom newly remodeled one year ago), plugged toilet with several diapers, a broken window in the back of the house.. These tenants are very angry after being evicted from several blatant violations against the rental lease. We talked to them & gave them several chances because they had two small children and have another one due in just a few weeks, but obtaining a puppy was the last straw, now they have separated and left the house in total disarray. We have had the police called with neighbor complaints for domestic disturbances, the police have had to bring the small children home after finding them wandering around the neighborhood alone (ages 2 yrs and 1 yr), complaints of squealing tires in and out of the yard, therefore, flinging rocks with young children playing nearby, suspicious activity with cash exchange going on in the back of the house, and now we find that the carpet in almost the entire house will need to be replaced, we will definitely need a plumber to repair the bathroom. They do have some belongings left in the home, i.e, 2 television sets, a bed frame, a high chair, and the rest is trash, old clothes, and cooked food left in pans on the stove, cooked & uncooked food in the kitchen, etc. The date they were to be out was 8/31/2012. Do we have the right to hold their belongings that are worth holding? The only reason I entered the house was because I went down to measure the window and the back door was wide open so I looked in and when I saw the mess in the kitchen, I proceeded through the rest of the house. Both of their phone numbers have been disconnected, so I was unable to reach them. When I left, I shut and locked the back door. Can you help me at all? Thank you.

Terry, it sounds like you are giving an abandonment notice. BUT the laws vary from state to state. Get legal advice if you are unsure.

... They do have some belongings left in the home, i.e, 2 television sets, a bed frame, a high chair, and the rest is trash, ... The date they were to be out was 8/31/2012. ...

Did their lease terminate on that date?

In any event, it appears that they have moved out. In that case, you can take possession of the premises, fix it up, and re-rent it. If you hold a security deposit, give them due notice as required by the landlord-tenant act in your state, of the damages to which you intend to apply the deposit. If you don't have a forwarding address send it to their "current address", certified mail (I know that seems silly, but that's probably better than nothing. In the future, consider requiring future tenants to write in the lease what address to send notices to in case they move out; perhaps a relative. It's easy to write your own lease, even if it's on an month-to-month basis and, in my opinion nearly always a good idea.) For the balance, you will will have to sue them.


... ... Do we have the right to hold their belongings that are worth holding? ...

As RickJ has written, it depends on what state or other jurisdiction you are in but, in general, you usually cannot assert a possessory lien on their personal property to secure what's owed you. Give them There also may be laws in your jurisdiction specifying what you must do with abandoned property.

When did their lease expire and was there an eviction or did they just leave? If damages exceed the security deposit you would need to sue and have bona fid proof of repair and replacement costs.

Yes, you will need to sue (of course if they have no money you won't get anything)

Even if you win a law suit if they don't have money in the bank, what will you get 30 dollars a month if that from a garnishment ?