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bjenkins · Dec 18, 2007, 12:51 PM

We served a pay rent or quit notice on our tenant and they have decided to quit. We still have 8 months left on the lease. If they vacate after a pay rent or quit notice, can one still sue for unpaid rent in small claims court?
-I know that we can only collect a max of 2 months lost rent, but with the way the place looks- we'll need it! Also, can we include in the lawsuit the month they occupied the house and didn't pay? Thanks!

N0help4u · Dec 18, 2007, 01:18 PM

I am sure you can sue for the month they didn't pay. Also write out an itemized report of damages to help in your favor of what you feel they owe you.

ScottGem · Dec 18, 2007, 01:21 PM

You can sue for rent right up to the day they vacate. You can also sue for damages above whatever the deposit will cover.

But if they refused to pay the rent, how are you going to collect?

bjenkins · Dec 18, 2007, 06:06 PM

Ok, I'll bite... what is the best way to collect? I know there are wage garnishments, bank account garnishments and a whole process through our county, also collection agencies... or was yours a rhetorical question? I appreciate the advice.

ScottGem · Dec 18, 2007, 06:22 PM

Do you know where they work or bank? Want to bet that as soon as they vacate they close whatever checking acct they used to pay the rent previously? The Catch 22 of obtaining a judgement against someone is collecting on it. YOU have to do all the legwork or pay someone to do it, which will cut into your award.

excon · Dec 18, 2007, 06:28 PM

Hello bj:

It wasn't rhetorical at all. Scott knows that winning a lawsuit is only half the battle.

Yes, the constable of the court can execute your judgment, assuming you know where to tell them to locate the accounts you want attached. You also need to be able to tell them where they work.

Of course, the above assumes they HAVE accounts WITH money in them, and they DO work, and you know where. Some people don't have those things. Often times, they're the ones who don't pay rent.

excon

bjenkins · Dec 19, 2007, 10:06 AM

Follow up-
We did know where our tenant worked... but she's lost her job there.
And we actually did get a rent check for December, but it was returned for insufficient
Funds, so you are right too about the tenant having no money in her bank account.

Am I to assume that experienced landlords would not bother suing and instead chalk this up to experience and a tax-write off?

Finally, to legally reclaim possession of the property do we still have to go through the eviction? The tenant has sent us a letter that she will be leaving the property by the end of Dec. But we've not both signed a 'Termination of Lease', as our lease states that any modification must be in writing and signed by both parties. How does one legally recover possession if the house is abandoned? Thanks1

excon · Dec 19, 2007, 10:36 AM

Originally Posted by bjenkins

Am I to assume that experienced landlords would not bother suing and instead chalk this up to experience and a tax-write off?

Hello again, bj:

Actually, experienced landlords do their due diligence BEFORE a tenant moves in. They become intimately familiar with their states landlord tenant laws. They collect first month, last month and a months worth of rent as a deposit. They have their home move in ready for the tenant when it's supposed to be. They do a walkthrough with the tenant and take pictures. If something breaks, they're there the next day to fix it.

Due diligence means they had the tenant fill out a detailed application. They DID a credit check, they DID check references, and they DIDN'T take the first person who drove up.

Given the homework done BEFORE a tenant moves in, an experienced landlord probably won't have the trouble you're having now. But if he did, you betcha he'd sue. He'd probably collect on his judgment too...

excon

PS> The letter she sent you should be sufficient notice for you to reclaim your residence.

PPS> None of us made any money the first time we went into business. Yes, chalk it up and do better the next time. The landlord business is a VERY good business to be in.

PPPS> Rent a movie starring Michael Keaton called "Pacific Heights". That'll be a GREAT lesson in landlording...

ScottGem · Dec 19, 2007, 10:37 AM

The tenant must formally hand over the keys to the landlord or their representative.

And yes, a lot of small landlords would simply write off the loss rather then spend the time to collect. But most landlords wouldn't get into this situation.

LILL · Dec 19, 2007, 10:39 AM

First off... since writing a bad check is a crime, have her arrested. Then sue for back rent, damages and any fees associated with an eviction. The judgment will stay with her for 7 - 10 years, in which time I'm sure she will want to buy a car/house or rent elsewhere. Since none of this can be done without the judgment being satisfied... I'm sure you would eventually get your money.