What are my options for suing tenant? 2 years ago this June, I entered into a buy/sell contract for my home in Frenchtown MT.

Real Estate 3 views 1 answers
The contract had a contingency of the buyers selling their previous home, with a 2 month expiration date. However, have a separate 1 year rental agreement that began on July 1, 2013 with a month to month provision thereafter. It has been nearly two years and the buyers have not purchased the home so I decided to re-list the property. After viewing the home with the realtor, I became aware that the buyers/renters have caused a lot of damage. The land has 40 acres and they have poached trees even though the contract specifies that they were not to touch the timber. They built unpermited buildings on the property, damaged the logs on the home, and re-wired the home without permits or permission and it was an illegal DIY job. I estimate $100k damages including the tree poaching.

Attorney Answer

1
Scott Peterson ·
You would have a case generally for all the damage. If you claimed a landlord-tenant act action, a court may even award you your attorney's fees. That being said, good luck collecting. That's a lot of money to collect, and it will be awhile before its all collected. And if the tenants are smart, they will file bankruptcy to avoid paying the judgment. Also, if you hire an attorney, they will likely want you to pay the attorney's fees as they accrue, which can get expensive. If you have landlord-tenant insurance, I would suggest submitting a claim. If you only have a homeowners' insurance, though, its not likely to cover that type of damage.
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