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    thomashobbes's Avatar
    thomashobbes Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 26, 2010, 09:41 AM
    Non-payment of rent >small claims court
    How can I get the rent that is three months overdue without evicting the tenant? Can I use MD small claims court?
    CinnamonBrownie's Avatar
    CinnamonBrownie Posts: 45, Reputation: 13
    Junior Member
    		  
    #2

    Nov 27, 2010, 03:02 AM
    I'm not an attorney, but if it were me I can't think of a reason you couldn't use small claims court. You just wouldn't be able to obtain a judgment for eviction, just a normal judgment for money... And that sounds like what you want.

    Usually the personnel in small claims court can help you get the case filed. The easiest thing to do may be to get the phone number for the small claims filing line (just locate and call the court main number and ask), and explain that what you'd like to do. But it sure sounds like you can do that.

    I hope that helps.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Nov 27, 2010, 07:30 AM

    Why would allow a tenant to remain when they are not paying rent? Using the eviction process would be better than going through small claims court. As part of the eviction the court will hand down a judgment as to what is owed.

    The problem you have then is collecting on that judgment. You would have the same problem in small claims court. If he can't pay his rent, why do you think suing him over it will get him to pay?
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