Sueing for Damages
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Sueing for Damages (by Debora [WV]) Jul 29, 2013 6:11 AM
       Sueing for Damages (by S i d [MO]) Jul 29, 2013 6:24 AM
       Sueing for Damages (by Debora [WV]) Jul 29, 2013 6:28 AM
       Sueing for Damages (by Mike45 [NV]) Jul 29, 2013 1:38 PM
       Sueing for Damages (by Ellen [ME]) Jul 29, 2013 1:44 PM
       Sueing for Damages (by Suzanne [NV]) Jul 30, 2013 7:40 PM
       Sueing for Damages (by Debora [WV]) Jul 31, 2013 4:40 AM

Sueing for Damages (by Debora [WV]) Posted on: Jul 29, 2013 6:11 AM

State Specific Question About: WEST VIRGINIA (WV) : How long does a landlord

have "after" eviction to sue the tenant for "additional" damages. I had to have a tenant evicted through magistrate court. Now he is gone and I have contractors making the repairs, which are MAJOR. Once the repairs are done and I have all the receipts I want to see for anything above and beyond the security deposit. How long do I have to do this??

Sueing for Damages (by S i d [MO]) Posted on: Jul 29, 2013 6:24 AM

I don't know the precise answer to your question, but I would initiate proceedings NOW while you still possibly have a location to find the tenant and serve them. No service = no judgment. If the damages are MAJOR (like you say) it will eat the security deposit up and then some, especially since you already evicted (costly) and have probably eaten at least a month of no rent.

You can always update the damage amount you are seeking the day of court with more accurate numbers. For the time being, use the contractor's estimate of the repairs as a starting point.

Is this person actually collectible? There's typically a reason they don't pay rent (i.e. they are BROKE...therefore, ungarnishable). Might be able to collect in 3 years if they get a job, inherit money, or win the Lotto.

Sueing for Damages (by Debora [WV]) Posted on: Jul 29, 2013 6:28 AM

Yes, and they also have a trust, stocks and bonds that they receive monthly income from. And they have a business. I know where all his money is just incase I need to get a lawyer to garnish his accounts. They were evicted because I did a yearly inspection and the house was HORRIBLE, I could not afford to extend the lease or I would not have had a house to rent. This guy even had snakes in the residence!! I have NEVER had a unit this nasty!!

Sueing for Damages (by Mike45 [NV]) Posted on: Jul 29, 2013 1:38 PM

The statute of limitations is normally expressed in years, not in days or months. Although I do NOT know anything about WVa law, I would guess that it would probably be at least one year. Ask your attorney or ask at your local LL Assn, but you probably have enough time to do the repairs before you have to file.

Sueing for Damages (by Ellen [ME]) Posted on: Jul 29, 2013 1:44 PM

Don't forget to do the Security Deposit Settlement Statement IAW your local and state laws.

Sueing for Damages (by Suzanne [NV]) Posted on: Jul 30, 2013 7:40 PM

This is why I do the maintenance inspections quarterly. A year without access gives the tenant the impression the landlord doesn't care about the property. We know that's not true, but you see what can happen. If I could inspect every month, I would.

Sueing for Damages (by Debora [WV]) Posted on: Jul 31, 2013 4:40 AM

I try to go inspect every 6 months, but this year my husband was ill and I could not get to the property. I have done the security deposit settlement and followed all the rules.Yesterday I went and filed papers and had them served so hopefully I can recoup some of the damages. I am not being a greedy landlord. Even though the carpet which is only 1 year old (I installed just as they moved in) is gonna cost me another 1,000.00 to replace, I only charged them 1/2, same for all the repairs. But now since I had them served I am getting text like crazy. But we will let the judge decide who is right and who is wrong. All I want is what is legally mine, no more and no less.

Subject: RE: Sueing for Damages
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