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  1. #1
    Join Date
    Sep 2015
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    2

    Question How Long Does a Landlord Have to Sue for Damages to the Premises

    My question involves landlord-tenant law in the State of: Arkansas
    My personal residence of 20 years was in near perfect condition when I had to leave suddenly to care for my dying dad and be with my mom who live 8 hours away in Nebraska. I was gone longer than anticipated, so when I was contacted by a couple who wanted to rent my place, I was very happy to have the additional income but also to have someone in and caring for the house, not leaving it abandoned. Rent was low in trade for caring for the place. We had a contract, and they were there for 2 years.

    When I received photos of the house after they left, I was very happy to see they had left it clean. However when I visited the house, it was very dirty with smudged walls, dirty windows and ruined carpet, and worst of all: all the various appliances they had broken or ruined, items they had ruined so they disappeared or were stolen. After 3 separate visits to clean the house and now...seeing all the repairs, items broken or missing, my list of damages they cost me has come to approx. $14,000.

    I called my insurance co. to see if any of this might be covered, and they said no, that I only have disaster and liability insurance.

    I could take the people to small claims court for a small part, but living and working in Nebraska makes this nearly impossible.

    Now I'm nearing the 9 month mark and don't know if there is a statue of limitations on this?

    Even if I had 1 year to still try to get part of my money back from them, I don't know what else I can do? Do I have any other options I can pursue on this?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Statute of Limitations and Recourse As Landlord

    In Arkansas you have 5 years to sue for a breach of a written contract, 3 years for breach of an oral contract and 3 years for the tort of property damage.

    The Arkansas small claims limit appears to be only $5000.

    With $14,000 in damage I suggest you consult an attorney where the property is located.

    Unfortunately, even if you are successful with a lawsuit, collecting may be impossible. (I know, I've been a landlord).

    It's also possible that, if those photos are dated (if not on the photos then on there computer) the day they left it might mean that your house was vandalized after they left.

    You have just experienced the nightmare of being an absentee landlord. If you expect to stay in Nebraska with your Mom for any extended length of time I suggest you sell the house as a fixup and be done with it.

  3. #3
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Statute of Limitations and Recourse As Landlord

    This is 1 of 2 houses I have as rentals, so it's not the first disappointing ride around the never ending block or tenants. The problem with that house is, I had a really deadbeat property manager and didn't know it because he talked a good talk. I cut ties with him my last visit to AR and hired another one, who has much more experience and knowledge and is of the generation where they actually value being true to their word. Time will tell.

    The house was not vandalized, the photos just didn't show details....like all the mouse droppings, the interior of the dishwasher they ruined, the lack of normal house cleaning, the rusted doors on the Rfg, water damage from leaks under the sinks, the broken small appliances put away in in closets., broken dishes, water pipes that froze and burst in a barn, etc, etc.

    Thank you for your reply! Because a lawyer can't make them pay any more than small claims court (unless he can put into motion to dock paychecks, but he will cost SO much more!), it looks like there is nothing more I can do.

    - - - Updated - - -

    What is "the tort of property damage?"

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Statute of Limitations and Recourse As Landlord

    Quote Quoting S.L.T.
    View Post
    This is 1 of 2 houses I have as rentals, so it's not the first disappointing ride around the never ending block or tenants.
    Yeah, I had three rentals for twenty years so I know all about that.

    Quote Quoting S.L.T.
    View Post
    The problem with that house is, I had a really deadbeat property manager and didn't know it because he talked a good talk. I cut ties with him my last visit to AR and hired another one, who has much more experience and knowledge and is of the generation where they actually value being true to their word. Time will tell.
    I've always taken care of my own rentals. I've read the horror stories of management companies. All my rentals were within 15 minutes of where I lived so I was able to check on them frequently. I've had a few bad tenants but never a disaster like yours.

    By the way, whatever you spend on the place is tax deductible. I trust you are familiar with Schedule E.

    Quote Quoting S.L.T.
    View Post

    Thank you for your reply! Because a lawyer can't make them pay any more than small claims court (unless he can put into motion to dock paychecks, but he will cost SO much more!), it looks like there is nothing more I can do.
    Once you get a judgment you can file for wage garnishment and bank account levy. That's assuming they aren't deadbeats as well as pigs.

    Quote Quoting S.L.T.
    View Post

    What is "the tort of property damage?"
    A tort is a civil wrong (as opposed to criminal) for which you can sue in court and collect damages. If your lease specifies that the property be returned in as good a condition as it was given then that's a contract issue. If the contract is silent on the issue it could be a tort. That usually doesn't apply to rental agreements but I threw it in there to show that the SOL is shorter than for a written contract breach but you don't want to wait that many years anyway.

    You have my sympathy. I got so burnt out with my rentals after twenty years that I sold them and never looked back. That was 17 years ago. These days when my friends or relatives talk about investing in rentals I get out the two by four and knock some sense into their heads (figuratively).

  5. #5

    Default Re: Statute of Limitations and Recourse As Landlord

    Quote Quoting adjusterjack
    View Post
    I got so burnt out with my rentals after twenty years that I sold them and never looked back.
    I am doing just that exactly now. Being an accidental landlord, renting to others is a nightmare. As soon as I get mine evicted (courts in MN are very pro-tenant ... it seems very difficult to evict anyone), I will have my home on MLS. Good bye home (I am sorry I couldn't protect you), and I am done with renting!!!

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