 broken lease (by Dawn [GA]) Mar 12, 2009 5:55 AM
 broken lease (by Virden [OH]) Mar 12, 2009 6:37 AM
broken lease (by Dawn [GA]) Mar 12, 2009 6:46 AM
broken lease (by billy [MA]) Mar 12, 2009 7:08 AM
broken lease (by sid [MO]) Mar 12, 2009 7:42 AM
broken lease (by Brad [IL]) Mar 12, 2009 10:28 AM
broken lease (by Dawn [GA]) Posted on: Mar 12, 2009 5:55 AM
Message:
State Specific Question About: GEORGIA (GA)
We had a very bad tenant and have threatened eviction more than once. The tenant wanted to move out early (she got back together with her boyfriend and needed a bigger place). This was a bad tenant and the owner agreed to release her of the remainder of her lease if she paid the current month's rent. She agreed, but after moving out, decided she was not going to pay. she also called the police (not sure why - he did not know either).
Since we did not have to go to court to evict this tenant, and no court order was given, what is the next step for using a collection agency? Since we have a signed lease, can we just move forward with collections? Do we need to do anything through the courts? I suspect we will eventually want to do a garnishment.
To compound the matter, the tenant failed to report a "mold" problem (until she wanted to move) and is using this as an excuse to break her lease. The day she reported the problem, we called our repair man (we are still working on this problem). Had she reported it right away, the damage could have been avoided, now it is a major repair. Her response to "why did you not report this", was "well, you should have know about it". The damage indicates months of "growth" not days or even weeks. --74.188.xx.xxx |
broken lease (by Virden [OH]) Posted on: Mar 12, 2009 6:37 AM
Message:
Proceed to small claims court for judgement against rent, take receipts from repair work completed and copy of lease and dated-signed repair request of mildew problem neglected by tenant creating mold issue. It is often a good idea to have the bath fan running together with the lights to avoid this mildew development. --99.128.xx.xxx |
broken lease (by Dawn [GA]) Posted on: Mar 12, 2009 6:46 AM
Message:
Thanks, Virden. She did not give us notice about the mold in writing. She told us about it when she decided she wanted to move and after we told her that her boyfriend had to be on the lease.
Just to clarify, do I need a "small claims" order to pursue collections? I'm sure this is what I need to do a garnishment.
thanks, again.
--74.188.xx.xxx |
broken lease (by billy [MA]) Posted on: Mar 12, 2009 7:08 AM
Message:
every bad tenmant finds the "mold defense "sooner or later.i agree with virden.small claims court would be where i go to get a judgment.then u can pull her in to start paying.if u responded quickly to her mold complaint and can document it u should be ok.if she is working u should be able to get a few bucks from time to time after u get judgment in scc.if shes not working i would just wait.sooner or later she may get job.good hunting --208.58.x.xx |
broken lease (by sid [MO]) Posted on: Mar 12, 2009 7:42 AM
Message:
The 'mold' cry is a load of crap. Clean with bleach, bill tenant. Re-rent unit ASAP.
Take ex-tenant to small claims court and sue for breach of contract and for unpaid mold/mildew remediation. Report judgment fromt the court to collection agencies. Trash tenant's credit in the process.
Tenants like this are dumb and desparate and watch too much daytime TV. Do everything legally and you will prevail. Her credit and repuation will be reduced to nil, which doesn't bother some people.
Now whether you collect or not...who knows? --204.80.xxx.xx |
broken lease (by Brad [IL]) Posted on: Mar 12, 2009 10:28 AM
Message:
Once you have gone in and made any necessary repairs you do your end of tenancy accounting. Unpaid rent+late fees+damages-deposit=how much they owe you. File in small claims court. When you get the judgment from small claims, then you can look towards collections or garnishment. How much does she owe you? Is she collectible? Is it worth the extra hassle at this point? --66.240.xx.xxx |
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