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-   -   Pay back Rent and damages after eviction (https://www.askmehelpdesk.com/showthread.php?t=305567)

  • Jan 18, 2009, 11:27 PM
    northernvirgini
    Pay back Rent and damages after eviction
    My tenant has provided all wrong information of the application and now they and inside my house. Deposit check has been bounced and they have declined to coperate and provide any correct information. I have contact local police authorities regarding fraud (wrond ssn, reference, bounced check ect), however they have advised to go to court. I have served multiple notices to the tenant and there is no response or a payment from them yet. Now I have a court date set.

    My question is, since the eviction process takes 2-4 months, can the judge enforce the tenant to evict and pay back the 2-4 months rent and damages.

    If yes, what is the process and what should I ask in the court for pay back rent?
  • Jan 19, 2009, 07:54 AM
    JudyKayTee
    Quote:

    Originally Posted by northernvirgini View Post
    My tenant has provided all wrong information of the application and now they and inside my house. Deposit check has been bounced and they have declined to coperate and provide any correct information. I have contact local police authorities regarding fraud (wrond ssn, reference, bounced check ect), however they have advised to go to court. I have served multiple notices to the tenant and there is no response or a payment from them yet. Now I have a court date set.

    My question is, since the eviction process takes 2-4 months, can the judge enforce the tenant to evict and pay back the 2-4 months rent and damages.

    If yes, what is the process and what should I ask in the court for pay back rent?



    Yes, you file for eviction and overdue rent. You sue for the bad check. You cannot sue in anticipation of repair bills but after they vacate you can gather the bills and sue them for the actual amount.

    What type of screening process do you use for tenants?
  • Jan 19, 2009, 08:27 AM
    northernvirgini
    Quote:

    Originally Posted by JudyKayTee View Post
    Yes, you file for eviction and overdue rent. You sue for the bad check. You cannot sue in anticipation of repair bills but after they vacate you can gather the bills and sue them for the actual amount.

    What type of screening process do you use for tenants?

    I do have rental, employment and credit checks. She is a single mom with kids and wanted to move during weekend (the same day she signed the papers). Based on sympatical ground and after checking her employement and rental reference over the phone on weekend, I let her in. I came to know about this fraud, when the check bounced and credit check came back with wrong SSN. It was too late and she was already in.

    How would judge ensure that she pays her overdue payments, since all the information is wrong?
  • Jan 19, 2009, 09:00 AM
    JudyKayTee
    Quote:

    Originally Posted by northernvirgini View Post
    I do have rental, employment and credit checks. She is a single mom with kids and wanted to move during weekend (the same day she signed the papers). Based on sympatical ground and after checking her employement and rental reference over the phone on weekend, I let her in. I came to know about this fraud, when the check bounced and credit check came back with wrong SSN. It was too late and she was already in.

    How would judge ensure that she pays her overdue payments, since all the information is wrong?



    Sometimes GETTING the Judgment is the easy part. Collecting on it is the hard part.

    There are methods for getting correct info. In some States she is ordered to complete financial forms. In other States it's person to person "testimony." All of that comes after the Judgment when she's put on notice to pay and does not. If you have her employment info you are part way there. Also get her car license plate number.

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