Sep 27, 2017

Adding Rent and Damages to a Judgment

Rule 13(c)(2)(A) of the Eviction Action Rules of Procedures establishes that: “…if the plaintiff is entitled to rent incurred after the judgment has been entered, then the plaintiff may seek that amount in a separate civil action.”

            Rule 13(c)(2)(E) of the Eviction Action Rules of Procedures indicates that damages can be award if they have been “…properly pled in the complaint and when such damages resulted from the breach giving rise to the eviction.” Plaintiff may also seek those damages in a separate action.

            Rent or damages sought post-eviction must be sought in a separate civil suit, rather than an eviction action. While an eviction judgment can be obtained in just a couple of weeks, a civil judgment takes much longer to get – usually a couple of months. However, if the damage to your property is extensive, and you believe you have a good chance of recovering the money from your tenant (see section on debt collection), then it can be worth the time and money it takes to pursue.

            An Arizona landlord may sue a former tenant for damage to the property while they were living there. Cost of repairs that are above the normal wear and tear of tenants is recoverable. The security deposit is held in reserve to help off-set the cost of rehabilitating the property for new renters. However, after subtracting the deposit from the cost to rehab the property a landlord may decide to sue the former tenants for the full extent of damages sustained. 

This This highlights the importance of during a thorough walk-through when the tenant moves in and out of the property. Take very detailed notes, videos, and pictures of the property and any damage. Give the tenants a copy of these records. Keep very detailed records of the cost to make the repairs. We must be able to prove to the court exactly how much it cost to repair the significant damage caused by a former tenant.