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Craig D | Tenant Skipped! 2 Questions? |
What am I allowed to charge them in a lawsuit? They left 10/29/07, returned the keys 11/01/07, and had lease through 01/31/08. Can I sue them for the remaining lease? What other things can I add to the lawsuit? Changing the lock? Clean out? my time? skip trace to find them?
WHat can I do to find them? Follow them around town until they go home. Follow them home from work? Call their new possible landlord? Can I tell the new landlord that they owe me back rent, and were always late?
Thanks in Advance!
Additional Details
I'm not crazy, just pissed off at these people. I did everything to help them in the past 2 yrs, found him extra work when he got laid off, gave him odd jobs, and let them slide on late rent a few times on promises to pay.
Im not stalking them, just trying to get a good address to have them served. Gave them 30 Days to pay back rent or told them I would sue.
In contacting the new landlord. Was just going to do that to verify address of where I think they live now. Just asking the questions incase those subjects came up.
Just checking to see what is within my rights to find them and sue them to get my money back. And believe me I will do what ever I am alloud to do. |
 |
 
ebosgramma
|
You can sue them for the remainder of the lease plus the money you spent to clean out the apartment, less any security deposit you have which you deduct from those damages. You got the keys back so changing the locks would not be allowed.
If you do not know how to find them how are you going to call their new landlord? No, you cannot tell their new landlord anything. They could sue you for slander if you contact their landlord.
To find them send a letter to their last known address, the one they rented from you. When the post office forwards the letter they will send you a notice telling you what the new address is if they have filed a change of address with the postal service. |
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audra h
 |
You can only tell the new landlord things if they ask.
You can go after the remaining rent unless you have a new tenant.
I dont believe you can charge for new locks or any such things unless the place was left a mess. Then you can charge for clean up.
Good Luck and dont stalk them you sound a little stalky! |
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Real Estate Guy
 |
I agree with Landlord, except for the part about charging thme until 1/31/08. If MUST try to rent the apt again, and if you rent it before 1/31/08, you can only charge them for the months that apt was empty. You can't get double rent. |
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litl m
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you need to check with an attorney in your state. Laws vary from one state to another. In my state you can charge for the balance of the lease, if the place is a mess and you HIRE someone to repair and clean you can add that, but not your time. you cannot stalk them. The can be served and I suggest you have this done to avoid liability, at their new address, employment, wherever. You cannot call their new landlord and tell him or her anything. If they call you, you can not tell them anything. you can get sued for that.
Even if you have a judgement against them it is almost impossible to get any money, there is usually a line of people waiting to collect from the deadbeats. And in my state only a certain percent can be garnicheed from wages - childsupport being first in line.
I have received judgements against people but in truth I have not collected. My goal is to give people a heads up in dealing with this deadbeat landlords and employers can see that, its public knowledge. And, of course, if the skipper wants to purchase anything on credit this follows them. |
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blondestar
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You need to find out the laws of the landlords, and renting in your specific state. Did you sign a lease with them and what were the terms of the lease? what did the little writting say? and then i would consult a lawyer and see what he says. it might not be worth two months rent? |
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stephenweinstein
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If you make a reasonable attempt to find a new tenant:
Rent through the end of the lease or the day before the new tenant begins to occupy the apartment or the day before the first day for which the new tenant pays rent, whichever comes first.
You cannot charge two tenants rent for the same day.
You cannot intentionally leave the apartment vacant in order to charge the old tenants when you could have found a new tenant.
You can add any damages, other than normal wear and tear, in excess of the security deposit, any cleaning costs in excess of the security deposit, and any costs that resulted from them leaving early.
You probably cannot charge for changing the lock. They returned the keys, so there is no more need to change the lock than there would have been if they waited until the end of the lease to leave. |
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Ask M
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small claims court |
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1st time mommie
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You sound crazy. No wonder they skipped, lol. Sorry, I have to play devil's advocate on this one-why would they leave so soon? Judging by your thoughts to stalk them and defermate their character makes me question your character. Why not just sue them at their last known address-your address? Seems you have a lot of learning to do, and it seems like your one to learn the hard way. There are two sides to every story. I would love to hear their side! |
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_nicole_
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You can charge for the remainder of the lease IF you do not have a new tenant. If your tenants skip, most judges will grant you 2 months no questions asked. The security deposit (if any) will be credited to balance owed. You cannot sue for changing the locks because you would have to do that anyway. You can only charge for clean up if the place was left filthy-meaning you had to hire someone for trash removal, to clean it-or it took days to clean. Do you have pictures? You cannot sue for normal wear and tear cleanup. As for your time, that would go under the monies given for the remainder of the lease. That takes care of your time and troubles-that is the purpose of suing for it. Therefore, you cannot sue for your time. You could sue for legal fees incurred in the process. I can't promise a judgement for $$ tracking them.
If they have already moved in, and the Landlord has not called you and asked for information about them, you have no right to call their landlord and spew off venom. You could find yourself sued for slander! I know they did not fufill an obligation, but that is why you find them and sue them for the money they owe you. When you win, it will go on their credit. They cannot hide from this one. Don't go following them. That is harrassment/stalking and a bit crazy if you ask me. If you are caught, you could have charges pressed against you. You can have them served them at work however.
Where I live, If the tenant is MIA, the landlord supenaes the last known address-which is your property. If they don't show for court-you win! There is a timetable for this. Check with a lawyer on this one!
Good Luck! |
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sami
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you can claim all of the above no matter what anyone says,,, as for finding there new address try getting in touch with your local housing office and they may help or you could sell the debt to a bigger company and they take it off your hands totally,
hope this helps
p.s. you could follow them but that could end up bad |
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Landlord
|
You can tell their landlord anything you want.
They can also be served for the lawsuit at work, at their kids school, whereever you can find them.
You can sue for rent thru 1/31/08, and any damages, including legal fees. You can't sue for changing the locks, your time or standard cleaning. If you had to hire cleaners or haulers you can get that money back.
The deposit will be credited to the renter. |
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