[kenitorico]

At the end of March, I provided a 60 eviction notice to one of my tenants (per the terms of the lease), informing her that I was not continuing her tenancy after it expired on 5/30/08 Now, she hasn’t paid rent since April.

She's being evicted due to what I believe is her paranoid schizophrenia. The other tenants are so afraid- and so am I - for their safety. I’m sure the police are tired of coming to the apartment building. And the magistrate is probably tired of her suing everyone.

In any event, she hadn't moved as of June 2 (still there as of today), so I went and filed an eviction claim with the local magistrate. The court case is 6/18/08. My questions are, even if I win my case, what are the chances of me recovering the rent, court costs, etc - and how? What happens if I win.. . What next? Does she have X number of days to move after that? Does she REALLY have to pay if I win the case? And, would I have to provide to her the "This is why I've retained your security deposit" letter even though we've gone to court?

I just became a landlord, with the purchase of an 11 unit building and I’m already finding out that I may not be cut out for this.

Thanks much for your help.

[George_1950]

You may be uncomfortable now, but you will get better. What state? You should know her bank at this point, so remember to ask for rent on a daily basis for each day she is there, unless the lease states otherwise. Some judges will not give you what you do not ask for. Does your lease provide for recovery of your attorney fees and expenses of litigation? If so, you may consider having an attorney handle this part.

[excon]

Hello k:

Yeah, the landlord business, like any other business, ain't easy. But, there are a few things that'll make it easier for you - like knowing what the RULES are. Yes, it IS easier to WIN at monopoly when you know the rules, no? Fortunately, we have a copy of them right here on our web site at the top of the real estate page on a sticky note. Look up the rules for your state.

They're not very tough to learn. I'd do it, if'in I was you.

But, in answer to your question, if you DON'T have a substantial deposit, and you DON'T know what her income situation is, where she works (if she works), how many assets she has and where they are, and where she banks, and if you don't know how your small claims court works, you stand LITTLE chance of recovering a dime, EVEN if you are awarded a judgment.

The lesson here, is not to make the same mistake again.

excon