Sue for back rent? (by Terri [VA]) Sep 14, 2015 6:14 AM
Sue for back rent? (by Robert J [CA]) Sep 14, 2015 6:27 AM
Sue for back rent? (by Pattyk [MO]) Sep 14, 2015 6:37 AM
Sue for back rent? (by Terri [VA]) Sep 14, 2015 6:45 AM
Sue for back rent? (by Vee [OH]) Sep 14, 2015 7:09 AM
Sue for back rent? (by S i d [MO]) Sep 14, 2015 8:01 AM
Sue for back rent? (by Barbara [VA]) Sep 14, 2015 12:43 PM
Sue for back rent? (by BRAD 20,000 [IN]) Sep 14, 2015 1:41 PM
Sue for back rent? (by shawn sisco [MO]) Sep 14, 2015 2:05 PM
Sue for back rent? (by Janet [KY]) Sep 14, 2015 8:54 PM
Sue for back rent? (by Terri [VA]) Sep 15, 2015 5:02 AM
Sue for back rent? (by Terri [VA]) Posted on: Sep 14, 2015 6:14 AM Message:
I asked a question last week - and I received such valuable info, I figured I'd ask another. Mr.Landlord rocks!
I had some renters in the house for three years. They owe me over $5000 in back rent. Yes, I know... I know... I should have been more proactive. But, what's done is done. I tried to get them out... they didn't budge. I got a lawyer to write a letter, tried to follow up. Eviction notices... FINALLY I subpoenaed to court... wouldn't return calls, etc. Didn't show up. I went by house - they had moved with no forwarding address. They smoked in the house and it was disgusting! I had to scrub, clean, paint, carpet clean.
I recently found out where they live. I'm nervous about bringing them to court:
1) because I've never been to court!
2) I can't afford a lawyer because they left me in the hole
3) I know they can hardly pay their bills now - how will they pay me back rent (can't squeeze blood out of a turnip!)?
4) There were some issues with the heat pump that caused the electric bill to rise (not even nearly the amount of the rent) - four different companies couldn't fix it, but I gave a good effort to have it fixed.
What would you do? Any advice if I move forward? A lawyer I talked to said that the judge will probably lean toward the renters' side since there was a problem with the heat pump, regardless of me trying to get it fixed. I don't want to waste time and money, but $5000+ (not to mention cost and my labor to get smoke smell out) is a lot of money!
Thanks for any advice...
Terri
--50.200.xxx.x |
Sue for back rent? (by Robert J [CA]) Posted on: Sep 14, 2015 6:27 AM Message:
The day I discovered that my tenants had moved out and left my property damaged, I would have taken about 100 pictures with a time and date stamp. Then I would have gotten 3 estimates from licensed contractors on the cost to fix things my tenants damaged and another 3 estimates to fix up the unit to be re-rented. With these estimates a Judge could determine the exact costs attributed to my tenants.
Then I would re-key the locks. File a police report if the damages were done when they moved out as a form of retaliation. Also allow the police to view the property and fill out a report for evidence.
Then I would fix up the property and re-rent it, having saved all receipts, invoices and cancelled checks.
THEN YOU SEND YOUR OLD TENANTS A DEMAND LETTER SHOWING PROOF AND COSTS OF THE DAMAGED CAUSED BY THEN. Give then 30 days to respond.
Then file a case in small claims court, no attorney.
Show up to court, plead your case and obtain a judgement for damages. Your back rent is another story or add this to your claim/filings.
Once you have the judgment, you can try to collect on it for the next 10 years. --173.55.xxx.xx |
Sue for back rent? (by Pattyk [MO]) Posted on: Sep 14, 2015 6:37 AM Message:
that is terrible. Are they still getting mail at your house?
For me I have to go to court for damages. They have to be served papers, so you have to know where they live or work or something! Any clues? Once I get the judgement I can file it and it will show up if they try to transfer property. Most likely you will not be paid, so in this case, I would just clean it up and rent on! Start advertising, perhaps you'll get more rent cause the market has changed. Most importantly is that you don't let it happen again, train up on your screening and advertising and rents. Find a good tenant and be a good landlord. Rent on! --70.13.xx.xxx |
Sue for back rent? (by Terri [VA]) Posted on: Sep 14, 2015 6:45 AM Message:
Thanks, Robert and Patty. Yeah - I had a "rental manager" who got the people in there. Then, he up and quit a few months later. He had a real "slumlord" approach and left the house in need of repair (which I fixed). I actually found out where they live through a worker at one of the utility departments. I know they shouldn't tell, but somehow, she let me know.
Robert- I wish I would have known about Mr. Landlord before I re-rented the house. There wasn't much damage that could be shown by pictures (a few burns in carpet, some gross stuff while cleaning), but it was smoke damage - just stinky!
--50.200.xxx.x |
Sue for back rent? (by Vee [OH]) Posted on: Sep 14, 2015 7:09 AM Message:
You will find there is no reward for sitting on your hands, this is another of those situations, rent is due on or before the first, if there were a lot of people like you the courthouse would have closed years ago and be repurposed for something else like fixing lawn mowers for the city service dept. What you need to do is visit housing court to observe the process and become familiar so you can do the next one in a timely manner, also visit small claims court to get the paperwork for filing against these folks, you never know when they will have a winning lottery ticket or try making a major purchase that would be blocked by your court award. --76.188.xxx.xxx |
Sue for back rent? (by S i d [MO]) Posted on: Sep 14, 2015 8:01 AM Message:
Terri,
How much do you think a lawyer is going to charge you to go after back rent? Here in Missouri, $250 gets it done for me. That includes the court costs, paperwork, sheriff's fee, etc. If we got to trial, add $100, but that's it. Pretty cheap to do something right. Maybe VA lawyers are more expensive.
If not and you're to the point where $350 will bankrupt you, my advice is sell your rental(s). You're too poor to be a land lord. Not a judgment of character, just an analysis of facts. Get out now before this gets worse.
If you aren't in such dire straight but the tenants are broke, probably not worth an attorney's fee. Just report it to a collection agencies or use Jeffrey's handy credit reporting tool here on Mr. LL. See the "Services" tab above. Costs $12.95. Works best if you have a judgment, but if not it can still be reported and they'd have to dispute it to get the item removed from their credit reports. Someday they may have money and want this cleaned up.
Best advice for now may be to focus on this future so this never happens again. Screen renters carefully, talk to current and PAST land lord, visit their current home if possible to see how they live, and do quarterly maintenance inspections to get inside and see how they are taking care of or trashing the property. Also, have at least 3 quality service professionals on speed dial to ensure HVAC systems are repaired in a timely manner so you are above reproach if you go to court again. Sounds like there were issues this last time around and not being prepared may have cost you a $5000 judgment.
We've all been there, done that...the trick is to learn and improve. --173.16.xxx.xxx |
Sue for back rent? (by Barbara [VA]) Posted on: Sep 14, 2015 12:43 PM Message:
It will only cost you roughly $75 to file against them.
I would first make sure you sent a sec. deposit accounting to them noting balance owed and how you came to this amount. Include copies of the pictures, and also make sure you have a copy for yourself and the courts as well. After 30 days I would then go to the court and file a warrant in debt. It's a super easy form and something you could definitely do on your own.
--68.107.xxx.x |
Sue for back rent? (by BRAD 20,000 [IN]) Posted on: Sep 14, 2015 1:41 PM Message:
Terri
We ALWAYS sue for the unpaid rent or repairs. You have nothing to lose except the filing fee and a little time.
EVEN if you did not send the required deposit settlement. Just prepare, go, and hope for the best.
If they do not show, in MY state, I win by default even if I messed up the paperwork.That atty was giving you the brush-off. He/she did not WANT your case.
Heat: define the actual problem, the dates, and the outside temperatures.
Was it working but not efficient? Did they have heat?
Did they have use of the house during that time?
MY state law says the res must allow REASONABLE time for any repairs.
My lease is clear: temporary outages do not warrant rent deductions.
Did they complain about the heat?
Was it cold outside?
Did they use temporary elec heaters?
Perhaps make your own deduction for their inconvenience rather than leave that figure to the judge.
Me? I work to settle outside of court. Go meet with them, show them the nasty photos and the rent ledger sheet, agree on an amount, and have them sign that they agree. I now have them sign a garnishment paper at the same time so we don't have to find them again and go back to court again.
"Joe, Let's get this settled peacefully so the judge does not automatically take 25% of your paycheck."
I take the amount owed and divide by 10 months. That is too high in your case, so maybe $50 per week.
Stand up for your business!
BRAD
--68.50.xx.xxx |
Sue for back rent? (by shawn sisco [MO]) Posted on: Sep 14, 2015 2:05 PM Message:
Keep up with their place of employment because once you get a judgement, file to garnish wages. --72.172.xxx.xx |
Sue for back rent? (by Janet [KY]) Posted on: Sep 14, 2015 8:54 PM Message:
For $5,000 I would go after them. $150 for attorney here plus he gets 1/3 of whatever he collects for me in
garnishments. Dont' worry about getting blood out of
a turnip, they will get a certain percent out of each
pay check the tenant has no matter how small.
Don't be nervous about going to court. It will turn
out o.k. tenant probably won't even show up. Only two
I evicted ever did and never contested a thing.
--74.236.xxx.xxx |
Sue for back rent? (by Terri [VA]) Posted on: Sep 15, 2015 5:02 AM Message:
Thanks for the advice, everyone. I think I will do the court thing. And you're right Brad, the atty was trying to blow me off. I invested in the "Hyatt Plan," where you pay a monthly fee for an atty. No one want to see me when they are not getting the atty fees. Not worth the money.
As for heat pump. It was mostly during summer (AC, not heat) and it lasted about 4 months. The unit worked, but was not efficient. They told me that the electric bills were $600 - $700 (not sure if this was true, elec company won't tell me info about a bill in someone else's name). 4 different companies going out multiple times, with much $$ spent. Finally, had to replace the unit (which was only 2 years old). Trying to deal with Trane to get a refund (they say I did NOT need a new unit, yet no one could fix it). --50.200.xxx.x |
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