Credit Check Rights (by Ralph [DC]) Dec 4, 2009 11:01 AM|
Credit Check Rights (by John... [MI]) Dec 4, 2009 11:19 AM
Credit Check Rights (by Ralph [DC]) Dec 4, 2009 11:31 AM
Credit Check Rights (by John... [MI]) Dec 4, 2009 12:11 PM
Credit Check Rights (by Ralph [DC]) Dec 5, 2009 10:54 AM
Credit Check Rights (by Josh [CA]) Dec 5, 2009 5:14 PM
Credit Check Rights (by Ralph [DC]) Dec 5, 2009 7:20 PM
Credit Check Rights (by Josh [CA]) Dec 6, 2009 8:35 AM
Credit Check Rights (by Ralph [DC]) Posted on: Dec 4, 2009 11:01 AM
State Specific Question About: DISTRICT OF COLUMBIA (DC)
I have two tenants in the same apartment, one who is on the lease and the other who is not. I performed a credit check on both of them (both signed rental applications at different times) but never put the second person on the lease as she was a good friend of the first tenant. I know I made mistake, but I was wondering if I still have a right to ding the second tenant in addition to the first tenant.
I have a signed rental application that allowed me to perform a credit check but I never put the second tenant on the lease. Can I ding her credit too? Thanks.
Credit Check Rights (by John... [MI]) Posted on: Dec 4, 2009 11:19 AM
First, what exactly are you trying to do? How do you expect to "ding her credit"? Does she owe you a debt? In most cases, if you have a money judgement against a person, you don't have to do anything special to "ding their credit" -- sometimes nothing -- sometimes "register" the judgment with a local court clerk.
Tell us more about what happened and maybe someone can give you more info. Did you evict them? Were you able to name that person in the eviction even though they weren't on the lease?
Credit Check Rights (by Ralph [DC]) Posted on: Dec 4, 2009 11:31 AM
John, thanks so much for the feedback.
My tenants stopped paying the full rent that is on the lease. Tenant X is on the lease and she moved out of the apartment and let Tenant Y assume payment responsibilities (I did a credit check on both at rental application time). I don't have Tenant Y on the lease, and she has stopped paying the full rent. So I plan to start eviction but also warn them of the consequences. So I wanted to know if I can tell Tenant X and Y (even though Y is not on the lease) that I am going to evict them and I plan to purse legal action against both through DC courts.
Any other thoughts would be appreciated. Thanks a lot for your feedback. --198.24.xx.xx
Credit Check Rights (by John... [MI]) Posted on: Dec 4, 2009 12:11 PM
People suggest this now and then, but I think it is putting the cart ahead of the horse. You need to start eviction NOW. You can worry about getting it on their credit report after you have them out and have a money judgment against them.
As for the eviction itself, I would check with your state laws but if it were me, I would list both people by name plus the "et al." catch-all to get everyone out.
In general, you can only get a money judgment against people that you name and serve.
Depending on your state, I think you will have trouble trying to collect from Tenant X that has moved out -- unless the lease is still in progress. Is that the case? Were they under a fixed-term lease that is still going? Or had it ended and/or reverted to a MTM?
Credit Check Rights (by Ralph [DC]) Posted on: Dec 5, 2009 10:54 AM
John, I can't thank you enough for you help.
The lease expired a year ago but DC allows tenants to stay after the lease expired on a month-to-month basis unless they send 30 days notice. They never sent 30 days notice.
I will start eviction. Thanks.
Credit Check Rights (by Josh [CA]) Posted on: Dec 5, 2009 5:14 PM
So they were roommates in their minds correct?
Is tenant Y only paying half of the rent amount? I question this because of your statement: "she has stopped paying the full rent."
Next question I have for you is are you or have you cashed the rent in part payment from tenant Y? This is State specific. In many states if you cash a rental payment that is not the full rent due you cancel out a eviction case.
Go to the top of this page and click on Landlord/Tenant State Laws and look your up.
Credit Check Rights (by Ralph [DC]) Posted on: Dec 5, 2009 7:20 PM
Thanks for the feedback. Yes, I did cash the two checks for Tenant X and Y but Tenant Y didn't pay her the full amount (which they both know). I always thought that joint severability would mean that they are all liable for full rent or all get evicted if the full rent is not paid. --98.169.xx.xx
Credit Check Rights (by Josh [CA]) Posted on: Dec 6, 2009 8:35 AM
Yes they are both responsible for the full amount of rent owed. However..... depending on your State LL/TT laws cashing checks that don't amount to the full rent you may have spanked yourself. I don't know your state laws on this issue.