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kfisher · Dec 2, 2008, 01:33 PM

I own a townhome in Charlotte, NC and it had been rented until the renter left November without paying rent. Her lease was not up until January 2009. I need to know if a small claim should be filed and if I should file for all 3 months that she has not paid. There was initially only a deposit paid and not 1st and last months rent. I have documents, receipts, etc. I'm just not sure how to proceed.

Please help!

JudyKayTee · Dec 2, 2008, 01:39 PM

Originally Posted by kfisher

I own a townhome in Charlotte, NC and it had been rented until the renter left November without paying rent. Her lease was not up until January 2009. I need to know if a small claim should be filed and if I should file for all 3 months that she has not paid. There was initially only a deposit paid and not 1st and last months rent. I have documents, receipts, etc. I'm just not sure how to proceed.

Please help!

She owes you for November, December, January OR November and December - ? I can't tell if the lease ends at the beginning or end of January.

She owes you for all the rent she did not pay. If there is no damage, you could use the security deposit against that rent. You also appear to have one month's rent ("last month's rent").

If there is no damage she has paid two months and either owes you for two or three months. That's what you sue for in Small Claims Court.

Justwantfair · Dec 2, 2008, 01:43 PM

He stated that he did not collect a first and last month rent, just a security deposit... I believe.

JudyKayTee · Dec 3, 2008, 03:50 PM

Originally Posted by Justwantfair

He stated that he did not collect a first and last month rent, just a security deposit... I believe.

You're right - I read it wrong. Then she owes for the three months (or two months) minus the security - if there is no damage.

ScottGem · Dec 3, 2008, 03:59 PM

Actually there is a mitigating factor here. Have you made an attempt to rent the property? If you haven't, then a court may find that you have not made a good faith effort to replace the income.

In adition you can't sue her for January, since it hasn't happened yet

So what you need to do is start advertising the unit or show that you have made an effrot to rent it.

Then wait until the end of January and file suit for any unpaid rent. To calculate the unpaid rent, you have to add rental for each month from when she last paid until you rent the property again or until the end of the lease whichever is shorter. You would subtract the amount of the security paid and add back any damages to the property.