QUESTION
Can I sue tenants if they break lease agreement?
Asked on Dec 21st, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
A member of my family, who has made me power of attorney, has a piece of property that we were in the process of selling to an elderly couple. They made modifications to the house and property, which was strictly against the contract. Also, they removed the previous heat source (oil furnace) and replaced it with a heat pump, which they removed upon abandoning the property, along with failing to pay local taxes and insurance on the property, which was agreed upon in the contract.My question is, can I sue them for the damages to the property and breaking the contract. I am uncertain of their financial situation, but I do know that they removed the heat pump upon leaving and that they recently (as last I was aware) were in possession of a new truck and fifth wheel trailer. I am disturbed by the idea that my family can be taken advantage of in such a way and their be no way to compensate for the damages and general grievances. If you could provide any information that would be helpful in solving this matter it would be wonderful.
1 ANSWER
Kevin Elliott Parks
You can certainly sue the former tenants for damages resulting from their breach of the lease agreement. This can include unpaid rent, as well as damage to the unit itself, such as removal of the furnace. Paying local taxes is fairly atypical for a residential lease and is typically the responsibility of the landlord, but if it was clearly written into the rental contract you may have a very clear case to pay any taxes currently in arrears, as well. You should contact a civil litigation attorney in your area to assist you.
Answered on Dec 22nd, 2011 at 6:20 PM