 I'm moving out (by Jo [CT]) Dec 13, 2018 5:34 AM
 I'm moving out (by razorback_tim [AR]) Dec 13, 2018 5:37 AM
I'm moving out (by Jo [CT]) Dec 13, 2018 5:52 AM
I'm moving out (by S i d [MO]) Dec 13, 2018 6:10 AM
I'm moving out (by myob [GA]) Dec 13, 2018 6:20 AM
I'm moving out (by Jo [CT]) Dec 13, 2018 6:31 AM
I'm moving out (by myob [GA]) Dec 13, 2018 6:56 AM
I'm moving out (by Oregon Woodsmoke [ID]) Dec 13, 2018 8:30 AM
I'm moving out (by Jo [CT]) Dec 13, 2018 11:15 AM
I'm moving out (by Jo [CT]) Posted on: Dec 13, 2018 5:34 AM
Message:
Just got a text from my pregnant student tenant who told me she was moving out at the end of the month. She has has trouble paying rent on time, but pays it. Every month there have been texts telling me about one hardship or another. Her lease ends in May, so there is 5 months rent I will lose, unless I re-rent her room.
I have had ads out because I knew she wanted to move, but she knew she was on the hook until May. Seems like she doesn't care at this point. She has to move to financially to help her brother, or some story like that.
I have 1 1/2 months security which carries me until mid February. I wil, file in SCC, so my question is, do you file for the remaining 3 1/2 months, or for the full 5? What if I get the room rented next month, do you still go to court on someone even if you get rented? I will get a judgement which will ding her and may not get any money, but it's her choice to leave. What is the best way to proceed. --32.215.xxx.xx |
I'm moving out (by razorback_tim [AR]) Posted on: Dec 13, 2018 5:37 AM
Message:
I wait until I have the final amount owed before filing.
So in this case I would wait until either the room is RE-rented or her original lease is up, whichever comes first.
YMMV.
The difficulty can be finding her for service if you don’t know where she’s going. --166.137.xxx.xx |
I'm moving out (by Jo [CT]) Posted on: Dec 13, 2018 5:52 AM
Message:
Yes that’s a good idea. I could ask her for a forwarding address but she might not give it to me, or she might give me a fake one. Either way I will wait and see --32.215.xxx.xx |
I'm moving out (by S i d [MO]) Posted on: Dec 13, 2018 6:10 AM
Message:
Get her served the day rent is late, if at all possible.
"Seems like she doesn't care at this point"....bingo. Proceed accordingly.
As far as how much, in my state/county the judge will award whatever is due as of the day we get the judgment. So when someone is late I wait until the 8th to file. In almost every case, our court date is set a little longer than 3 weeks out, so we get to court on the 2-3rd of the next month, which means another month's rent is due. If I filed earlier, we'd get a court date on the 28th-30th, and I'd only get one month due. By waiting 1 week, I get another month's rent on the judgment. But the judge won't award more than past due rent plus the current month.
You might be able to go after her later for breach of contract to get added the remaining months of rent.
--173.20.xxx.xxx |
I'm moving out (by myob [GA]) Posted on: Dec 13, 2018 6:20 AM
Message:
Is she current now? If she is and voluntarily turns the place over to you she owes to the end of the contract. You are responsible for "mitigating her damages". That means advertising and trying to re-rent.
If shes not current you should have already filed for non pay with court. That filing will only allow you to ask for what is currently due-- not future contract $.
Keep the deposit out of any equations just yet. That accounting comes after she's gone. --99.103.xxx.xxx |
I'm moving out (by Jo [CT]) Posted on: Dec 13, 2018 6:31 AM
Message:
She will be current today. I've allowed her to pay late with fees in the past hoping she would stay, but seems like her life is a mess, plus, if she stayed, she would bringing a newborn into a 3 bedroom apartment that she shares with 2 other students. Her baby is due in March. That would be difficult.
--32.215.xxx.xx |
I'm moving out (by myob [GA]) Posted on: Dec 13, 2018 6:56 AM
Message:
You can't help her with her life. Stick to business or you'll get caught up in drama you have no control over it. She stays and you could lose the other 2. --99.103.xxx.xxx |
I'm moving out (by Oregon Woodsmoke [ID]) Posted on: Dec 13, 2018 8:30 AM
Message:
Not that I think you shouldn't go after every penny you are owed, but it sounds like a bit of good luck that she decided to leave on her own. --174.216.xx.xx |
I'm moving out (by Jo [CT]) Posted on: Dec 13, 2018 11:15 AM
Message:
Oregon, yes I have been having those exact thought. It is a relief. She does not participate with her other two roommates, and seems like she does not pick up her messes and they are going to be glad she is leaving. Still It is a loss of income and hopefully I can get it rented soon --32.215.xxx.xx |
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