TENANT JUDGEMENT/ DEPOSIT (by SHELL [GA]) Apr 26, 2017 5:46 PM
TENANT JUDGEMENT/ DEPOSIT (by Moshe [CA]) Apr 26, 2017 6:06 PM
TENANT JUDGEMENT/ DEPOSIT (by Vee [OH]) Apr 27, 2017 4:23 AM
TENANT JUDGEMENT/ DEPOSIT (by Lynda [TX]) Apr 27, 2017 10:05 AM
TENANT JUDGEMENT/ DEPOSIT (by Gail K [GA]) Apr 27, 2017 11:15 AM
TENANT JUDGEMENT/ DEPOSIT (by Pattyk [MO]) Apr 27, 2017 4:41 PM
TENANT JUDGEMENT/ DEPOSIT (by clamper [CA]) Apr 28, 2017 7:22 AM
TENANT JUDGEMENT/ DEPOSIT (by Bob [GA]) May 7, 2017 10:40 PM
TENANT JUDGEMENT/ DEPOSIT (by Bob [MO]) May 8, 2017 7:53 PM
TENANT JUDGEMENT/ DEPOSIT (by SHELL [GA]) Posted on: Apr 26, 2017 5:46 PM Message:
Ok, heres what I dont understand, or cant find info on: Tenants break lease @ first of month by refusing to pay, even though her lease was up the 13th of said month. She isnt responding to calls & texts about rent or whats going on, but when I put 3 day "pay or quit" notice on the door the day after its past due she finally says in a text shes moving, "and theres no debating it".
I file on both, she responds to notice quickly, & were both in court within about a week. Of course Ga Judge finds tenants in default & gives them 7 days to get out, which now gets them out (on their own) by the 23, but judge says that the judgement is for "only whats owed up to the judgement day", which was the 17th, + court cost.
The "judgement" is for a little over 1/2 of the month, but after scouring Ga landlord tenant law it says that when tenant doesnt pay rent "all" of deposit can go to rent, which the deposit equaled the rent. So, thats confusing, and also Im wondering if the deposit can be used for unpaid rent & court costs, where does the "judgement" come thru?
Am I entitled to the full deposit without a tenant in attendance "walkthru" for damages & unpaid rent even though they gave no notice or paid rent before their lease expired, or am I just entitled to just the judgement or both?
Im sure GA isnt the only state where by self admission they admit online to "grey areas", but honestly Im exhausted trying to figure things out...its a "thankless" job, & after 20+ years I feel its "dam if you do, dam if you dont"....and Im selling off asap...
Any insight would be appreciated, because Im concerned this particular situation might end up being a real headache. --73.148.xxx.xxx |
TENANT JUDGEMENT/ DEPOSIT (by Moshe [CA]) Posted on: Apr 26, 2017 6:06 PM Message:
You are NEVER entitled to the full deposit, at least not stated that way.
However, in most, if not all states, you are entitled to deduct from the deposit for certain costs that are owed to you, such as unpaid rent, repair costs that are the fault of the tenant, and cost of cleaning.
I don't know anything about GA, but I will bet that you are entitled to damages for the days that she actually occupied the property, and probably something for rent in lieu of notice. You can probably deduct these costs from the SD, but check if courts in your area will allow you to deduct before the costs are actually due. If the amount due exceeds the deposit, then you will have to go to small claims court to request reimbursement.
--47.139.xx.xxx |
TENANT JUDGEMENT/ DEPOSIT (by Vee [OH]) Posted on: Apr 27, 2017 4:23 AM Message:
If you had a weekly rent practice going then you could use daily or weekly like a hotel/motel charges however you prolly had rented the unit monthly, so for the accounting statement you would use line item damages and the -unpaid rent- as long as your previous 3 receipts show monthly rent that is the pattern agreed on. --76.188.xxx.xx |
TENANT JUDGEMENT/ DEPOSIT (by Lynda [TX]) Posted on: Apr 27, 2017 10:05 AM Message:
Shell, calm down-you are stressing too much over this,and WAY too soon. Go a step at a time. The judge has given you a clear judgement. You get actual-days-used rent (17 days of the 30) + your court costs. That is what will be incoming. After she is OUT, you go in to assess repairs & cleaning. Get that done first so you know the costs for that.
With in 30(?) days you must send a Sec deposit acctg (check your state rules for days allowed--a few are 14,21). Now you subtract from the SD: the rent due, the court costs, the repair costs and the cleaning costs. If there is anything left of the SD,you send a check with the acctg letter. If the expenses exceed the SD, you are owed money, and you request that in the acctg letter. If she has given you no new address, send the acctg letter to her last known address (your property).
There are ways to expand the repairs and cleaning fees by contracting those out instead of doing it yourself. Cleaning an exceptionally dirty oven is extra. Spraying for roaches can be deducted, extra trash pick up can be deducted. Mileage gas and tolls to/from your residence to the property to open it for the contractors, supervise them, and secure your property after. Don't forget a locksmith to change the locks, or carpet shampooing.
However if the SD is small, you will not want to incur all these expenses. Do what is needful to re-rent the property.
--108.87.xx.xxx |
TENANT JUDGEMENT/ DEPOSIT (by Gail K [GA]) Posted on: Apr 27, 2017 11:15 AM Message:
Listen to what Lynda has written.
Gail --73.20.xxx.xxx |
TENANT JUDGEMENT/ DEPOSIT (by Pattyk [MO]) Posted on: Apr 27, 2017 4:41 PM Message:
what ever happens happens, you just run your business. Slow down and breath. It's all in your favor. Relax and just wait patiently. What's the update? Hows it doing? Did she move? --184.206.xxx.xxx |
TENANT JUDGEMENT/ DEPOSIT (by clamper [CA]) Posted on: Apr 28, 2017 7:22 AM Message:
I am in the process of moving to GA, Houston County,, what county r u in, since u r selling? --130.76.xxx.xx |
TENANT JUDGEMENT/ DEPOSIT (by Bob [GA]) Posted on: May 7, 2017 10:40 PM Message:
When you sue for damages and additional rent you will need to have personal service to get a money judgment.
You can get an eviction with a tac and mail notice but money judgments in Ga have to have the defendant (deadbeat) served personally.
Read the Ga Tenant Landlord book and research your local small claims court website.
What county are you in?
--108.193.xxx.xxx |
TENANT JUDGEMENT/ DEPOSIT (by Bob [MO]) Posted on: May 8, 2017 7:53 PM Message:
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