Tenant Damages and Lawsuit

Sometimes you have to sue a tenant to evict them, or to collect property damage, or both.  Please remember the following rule:

“Should the injury to the real property be temporary, the measure of damages, as a general rule, is the loss of rental value during the time of the temporary injury plus an amount necessary to repair the injuries and place the property in the condition it was in immediately preceding the injury.”  That is a quote from a 1987 Alabama Supreme Court case called Collins v. Windsor, reported at 505 So.2d 1205.

So, in addition to calculating the cost of repairs, be sure to also calculate how long it will take to complete the repairs before you can rent the property again, and the rent you will lose as a result.  Be sure to tell BOTH of those numbers to your lawyer, or to the judge, if you don’t have a lawyer.