Insights

A Landlord’s Guide to Addressing Damages and Missing Tenants

When the Tenant’s Lease Ends, and the Damages Are More Than the Deposit

Does this sound familiar? You’ve just gone through the stressful process of evicting a tenant, only to discover that the damages to the property exceed the security deposit. It’s a common scenario landlords face, and it often leads to a natural next step—taking legal action to recover the costs. But here’s the catch: Do you have the tenant’s current address?

The Challenge of Finding a Missing Tenant

In the rush of eviction, most landlords focus on resolving the immediate issues—ensuring the tenant vacates without further harm to the property. However, when it’s time to file a civil claim, many are caught off guard when the court clerk asks for the tenant’s address. While you can file a claim and update the address later, locating a tenant who has deliberately cut off communication is no easy task.

These tenants often know they are liable for damages and avoid contact to evade responsibility. They may ignore calls, delete social media accounts, change phone numbers, or even go into hiding. This can make serving legal documents a daunting task.

What Can You Do?

If you’re facing this situation, here are some steps to take:

  1. Inspect Before Evicting
    If your lease agreement includes an inspection clause, use it. Provide the required 24-hour notice, and conduct a thorough inspection before the tenant moves out. Document everything: take photos, make notes, and estimate repair costs. Once you have all the details, head to court with your lease agreement, repair estimates, and civil claim application. File for the total repair costs minus the damage deposit.

Next, act quickly: contact a trusted process server, i.e. Serverwerxs, to serve your civil claim. Serving the claim before the tenant has fully moved out ensures they’re legally bound to respond and provide updated contact information for future proceedings.

  1. If You Missed the Inspection
    If the tenant has already moved out and left no forwarding address, you still have options:
    • Registry Search: You can request a Limited Demographic Search at a registry agent to obtain the tenant’s last registered address. Be aware, however, that this often only returns the rental property’s address, which may not help.
    • Professional Process Servers: A competent process server can craft a concrete strategy for serving documents. Their expertise ensures official communication is delivered, compelling the tenant to respond. At Serverwerxs, we go beyond the basics. If our Affidavit of Service gets court approval, we’ve done our job—but if it prompts the tenant to settle, we’ve exceeded expectations.

Proactive Solutions for the Future

To avoid similar challenges, consider these preventative measures:

  • Collect Forwarding Addresses: During lease signings, request a forwarding address for mail.
  • Emergency Contacts: Include a family member or friend’s contact information for substitute service.
  • Know Their Habits: Keep records of their place of employment, leisure activities, or frequent locations.
  • Social Media: Note their social media profiles (Facebook, Instagram, LinkedIn) as they may provide clues later.
  • Updated Contact Info: Maintain phone numbers and consider platforms like WhatsApp or Messenger for communication.

Final Thoughts

Finding a missing tenant can be challenging, but with the right tools and expertise, it’s possible to hold them accountable. At Serverwerxs, we’re here to assist landlords in navigating these complexities. From serving civil claims to providing strategic advice, our team is dedicated to achieving results.

Stay tuned for more practical tips and solutions from the team at Serverwerxs

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