5 Mistakes to Avoid in Small Claims Court By Cynthia Schmidt

Even the most cautious landlord can end up with a tenant who does not pay their rent and does damage to the rental property that exceeds the security deposit. When renting your investment property, you should always plan ahead so that you are prepared for the eventuality that you need to sue a tenant for damages.  To help you win your case against an errant tenant, you should be careful to avoid the following five common mistakes many landlords make when they take a renter to small claims court.

Mistake #1. Failure to have a move-in checklist at final inspection with the new tenant. The landlord and tenant should walk through each room to evaluate the home’s condition. They both must sign the move-in checklist and the new tenant receives a copy. When the landlord sues for damages above the security deposit, the judge will want to know the condition of the rental. Presenting the signed checklist gives the judge a more detailed review. You can download the American Apartment Owners Association’s free move-in/move-out checklist here.  https://www.american-apartment-owners-association.org/property-management/landlord-forms/move-in-out-checklist/

Mistake #2. Filing the small claims case without sending a Demand Notice prior. Before the landlord files the Small Claims Complaint and Summons, a Demand Notice needs to be sent to the tenant by certified mail. The Demand Notice will state the amount of money owed and gives the tenant 30 days to respond. If the former tenant fails to pay, a Small Claims case will be filed. The Demand Notice should be sent to the last known address on record.

Mistake #3. When suing for back rent, the landlord fails to add an extra month. The former tenant failed to submit a 30-day written notice before the due date. Some states require a 60-day notice to end a tenancy, which would add two month’s rent onto the original amount. This is a big one because you could be leaving money on the table. 

Mistake #4. No plan in place for how to present pictures to the judge. Many times, I have witnessed the litigants bombarding the judge with pictures of the damages. Reduce the pictures to a minimum and zero in on the specific damage. Present the pictures in the order that makes most sense. We do not want the judge to get confused or frustrated. 

Mistake #5. Not bringing a witness to the small claims hearing when suing for damages. The party bringing the action has the burden of proof. After the tenant moves out, the landlord must present pictures and receipts of the damages. The judge can make a clearer decision if there is a witness to the damages, such as a maintenance professional. 

Conclusion If you follow these five simple steps, in addition to conducting a thorough tenant credit report and background screening, you will have a better chance of recouping the money owed to you. This is exactly why your membership in the American Apartment Owners Association (AAOA) is so important. With more than 139,500 members nationwide, AAOA offers an innovative approach to managing properties. As the nation’s largest landlord organization, a variety of services to assist with new applicants including tenant screening and state specific landlord forms. Contact us today to learn more. This article originally appeared in the American Apartment Owners Association’s RENT Magazine.