[ME] We evicted tenants from our furnished apartment and found a lot of damage. How should we proceed?
We evicted tenants from our apartment yesterday. It was a furnished unit. When we got in, the couches and chairs were covered in urine and cut up, and one of the mattresses was also soaked in urine.
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It sounds like collecting for both the damages and back rent will likely require a lawsuit, as you’re planning.
You can start with a demand letter itemizing:
- The back rent owed,
- The damage repair and replacement costs,
- The application of the security deposit, and
- The total amount due.
If they don’t pay, you can proceed in small claims court.
As for filing a police report, you can certainly do so — but law enforcement may treat it as a civil landlord-tenant dispute rather than a criminal matter. Still, it doesn’t hurt to report the property destruction in case it rises to the level of vandalism or intentional damage.
Be sure to gather:
- Your photos of the damage,
- Receipts or estimates for replacement or repair,
- The note where the tenant admitted her son caused the urine damage,
- The lease agreement, and
- A ledger of rent owed.
These will be your key pieces of evidence in court.
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We evicted tenants from our apartment yesterday. It was a furnished unit. When we got in, the couches and chairs were covered in urine and cut up, and one of the mattresses was also soaked in urine.
Lexi, Chatbot
I’m sorry to hear about the condition of your apartment. Were there any specific clauses in the lease regarding tenant-caused damages?
Yes, the lease said they’re responsible for anything beyond normal wear and tear.
Lexi, Chatbot
Have you documented the damages with photos or any other evidence?
Yes, we’ve taken photos. One tenant even left a note saying her son was the one who urinated on everything.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help you.
We want to know if we should file a police report or take any other steps. We’re also going to pursue a case in small claims court.
Wendy
Good morning. My name is Wendy, and I’m an attorney. I’m so sorry to hear about this situation. Though I may not be licensed in your jurisdiction, I can provide general guidance.
Do you have an estimate for what it will cost to clean, repair, or replace the damaged items? And can you tell me what state this occurred in?
Roughly $2,000 to replace the furniture and about $300 to throw out what’s ruined.
Wendy
That’s such a shame. Was there any security deposit?
Yes. They also owe us $5,500 in rent, but there’s $1,100 in a security deposit.
Wendy
It sounds like collecting for both the damages and back rent will likely require a lawsuit, as you’re planning.
You can start with a demand letter itemizing:
- The back rent owed,
- The damage repair and replacement costs,
- The application of the security deposit, and
- The total amount due.
If they don’t pay, you can proceed in small claims court.
As for filing a police report, you can certainly do so — but law enforcement may treat it as a civil landlord-tenant dispute rather than a criminal matter. Still, it doesn’t hurt to report the property destruction in case it rises to the level of vandalism or intentional damage.
Be sure to gather:
- Your photos of the damage,
- Receipts or estimates for replacement or repair,
- The note where the tenant admitted her son caused the urine damage,
- The lease agreement, and
- A ledger of rent owed.
These will be your key pieces of evidence in court.
We’re also concerned that their 7-year-old might not be safe. His mother said in writing that he was the one urinating on everything.
Wendy
Do you have any other reasons or experiences with the tenant that make you concerned for the child’s safety?
Yes — in a phone call, she said he also defecates himself. She’s told us multiple times that they take his toys away. We’ve had noise complaints for yelling and slamming doors. The mom has also screamed at us and made vague threats.
Wendy
Given all of that, it would be appropriate to file a report with Child Protective Services (CPS). Reports can typically be made anonymously, and you’re not required to have proof — only a reasonable concern for the child’s welfare.
What state are you in?
Maine.
Wendy
In that case, you can contact Maine Child Protective Intake at 1-800-452-1999.
More information is available here: Maine Department of Health and Human Services – Child Welfare
Thank you.
Wendy
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