We didn't get tenant payment for this month. we called/sent emails and no response. My husband finally went to the rental property (in anoth...

Question

We didn't get tenant payment for this month. we called/sent emails and no response. My husband finally went to the rental property (in another city) and we found the house is a mess. He called the local police and found out the tenants were already arrested by a SWAT team for growing Marijuna. We didn't get notice from police last 20 more days.

My questions is :

How would we get restitution for restoring the house caused by the tenants and the rent loss ?

Because there is a trial going on, could we request this to the judge? If yes, how could we get involved into the trial ?

Do we have to sue them in civil court instead ? How much cost would it be, including hiring attorney,etc ?

What's the process of restoring the house ? I heard it requires inspection/permit before the house can be put back to rental/market ?

Answer

Several points, in brief:

1. Most residential leases or rental agreements call for the tenants to make a security deposit to cover stuff like this -- or at least, most of it. If you didn't get a security deposit, you are going to have to sue.

2. You probably can't intervene in a criminal case -- if you have a civil complaint, you'll need to initiate a civil action.

3. The codes provide speedier eviction rules and procedures where the tenants are violating drug laws on the premises. Consult any of the various paperback self-help law books on how to be a landlord (Nolo Press, etc.).

4. If you have no deposit or if it is insufficient to cover your damages, you'll have to consider a civil lawsuit. For amounts under $7,500, consider Small Claims Court -- faster, lower fees and no lawyers. Again, get a book on California Small Claims Court rules and procedures (Nolo Press is one of several publishers).

5. Suing anyone is in some respects a gamble that if you win, you'll be able to collect your judgment. Folks like these tenants probably don't have assets or income from which to pay a judgment.

6. Don't know about inspection and permit issues -- these may be based on local ordinances and I suggest you ask the city (or county) involved.

Answer

Criminal courts do order restitution, but the restitution has to be related to injuries caused by the crime. I wouldn't put all my eggs in that basket, as the court may consider the restitution order to be related to drug sales, and not any tenant damage.