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-   -   Tenants do not pay rent (https://www.askmehelpdesk.com/showthread.php?t=247976)

  • Aug 11, 2008, 08:08 PM
    andreyalex
    Tenants do not pay rent
    Dear Sirs,

    I have a lease agreement as a Landlord. The property is located in Denver, COLORADO. Tenants have not paid the rent for 11 days. I sent them an eviction notice. Tenants do not respond on my phone calls and do not even bother to call me back knowing that eviction is coming.

    My questions are:
    1. How can I get the late rent during the eviction process? (They agreed to pay on the first day of each month when they signed the lease).
    2. Is it possible to get from the Tenants the future rent payments for the whole period of lease even if they will be evicted?
    3. Does eviction mean "termination of the lease" initiated by Tenants?
    4. What law does regulate above two questions?

    Overall, my goal to get money from the Tenants for the time they live there including future payments till the end of the lease agreement? Is it possible if they are evicted?

    Thank you

    Andrey Belov
  • Aug 11, 2008, 08:28 PM
    N0help4u
    If you gave them a written eviction according to your state law the next step is to go to court and have them formally evicted and let the Judge determine what you are entitled to. If they pay up before the eviction goes through then you are required to let them stay so I would not push for them paying you anything and let it be settled in court.
  • Aug 11, 2008, 08:28 PM
    Fr_Chuck
    Well your first objective would be to evict, in court they will be "ordered" to pay you, but of course if they don't pay, don't have money or hide it, many judgements are never collected.

    So while yes you want to try and get your money, you will find as a landlord that often you will end up with someone staying a month or two and you will never see your money. In some cases you pick a good tenant, but if not, they can move out after owing you a couple months with a lot of damage to the rental.
  • Aug 11, 2008, 08:32 PM
    hkstroud
    You need to know the local and state laws regarding landlord/ tenants, and the requirements for eviction. In VA you must send a 5-day demand letter. That is a letter stating that they are in arrears and giving 5-days to pay. If they don't pay, you then get an "Unlawful Detainer Warrant" and a court date. After judge awards Unlawful Detainer and judgement for rent owed, they have 10 to appeal. If they don't vacate you go to sheriff with order to vacate. As far as money, they owe you and you are entitled to collect until property is re-rented but if they are gone, forget it. Be glad they are gone.
  • Aug 11, 2008, 08:32 PM
    Tralyn
    Yep, that all sounds right, go through the court, without a legal eviction you don't stand a chance. In many cases you will not collect on the rent for the full term of the lease, however, I believe that can show on their credit report and is not good for them for a future rental reference.

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