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Mr.kk | Tenant fails to pay rent and was evicted ,Is this not a breach of contract? |
tenant signed a 12 months lease aggreement, tenant fails to pay rent, tenant was evicted, tenant destroyed the unit before moving out, the unit after repairs cost me $2000, it is 3 months since she moved out and I haven't rented it out despite all my efforts both by advertizing it in the news paper and offer help from rental agencies.
is it wise to file a legal case against her for payment of rent till the unit is rented out on or before the expiration of the 12 months lease which will expire next year june?
that is when her lease will be legally terminated.
thanks for your concern for this stressful situation. |
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david_homes4you
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even if u do they do not have to pay so if u think u can actually get something go ahead |
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kiki
 |
If you've evicted someone you cannot charge them rent for the months they are not in residence. You can sue them for the rent owed for the month not paid that you evicted them over and damages though you are likely to get neither. YOU terminated the contract by evicting her so you can't turn around and sue her for the remainder of the contract. |
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clarea77
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You can go after them for the damages, but can't you make them pay for the rest of their rent because you evicted them and thus ended the contract. |
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stephenweinstein
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Evicting the tenant terminates the lease early. You can still sue for damage to the apartment (repairs) and for rent up to whenever the tenant moved out. You can only sue for the rent for the time from the tenant moves out to when the lease was supposed to end if the tenant decides to move, not if you evict the tenant. |
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saved_by_grace
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She would not be responsible for the extra rent. I don't personally think it would stand up in court. Her lease was legally terminated the day you went to court.
You can however sue her for damages that she did to the property if you can provide proof. That would be the only way you could recover any of your money. |
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I_Love_McRedneck
 |
You can sue them for money owed and for damages.
You'll have to go back to court several times in order to get garnishment of wages, that's the only way to actually get your money back.
Then, when they quit that job to stop garnishment, you have to track them down and find their new job, go back to court and get a new garnishment.
Good luck! |
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Drea Z
 |
I would say that you could sue her for the cost of repairing the unit, but I'm not sure about the rest of the lease payments. And not to sound rude, but if she didn't pay you rent what makes you think she's gonna pay for the cost of repair or even for the remaining months rent? I would say call a lawyer and get their opinion on this. Do you really want to waste more time and money trying to get money she will probably NEVER pay? I would weigh all my options before doing anything, if I were you. My husband and I used to manage the apartments my parents owned and when we evicted people we were usually just stuck without any payment of rent or whatever. We even had tenants who destroyed our units and it was horrible. Thank goodness we have a house and sold all of our rental properties and don't have to deal with that hassle anymore. Good luck!!! |
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brandyrhi
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It depends on what state the property is located and what the lease agreement states about default.
In my property she would be charged all court charges for the eviction, all rent until the unit is re-rented and all damages. I normally report it to our credit collection agency and they handle the rest, but if you don't have one you can always take her back to court for the total amount owed. This way a judgement will be placed on her credit report and she may be required to pay if she ever wanted to purchase a house, etc. |
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perfectlybaked
 |
Upon eviction, you have penalized her for the breach of contract. The penalty for the breach has to be stated on the contract. |
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PiNkY
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I feel your pain, but think about it..........she wouldn't pay her rent, so she's probably not going to pay for the repairs even if you take her to court. So -- my advise is just chalk it up to a bad experience and write off the repairs as a tax break (if you can). |
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rwa000
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the most yo can get is 2 months rent from the courts, you obligated to re-rent the unit, the damages however could be sued for and a judgement issued but if they can't pay you have wasted your time and money. |
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Barbiq
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sure you can take her to court...but if she hasn't paid her rent even getting a judgment in your favor doesn't ensure that you will get any money from her without using more money of your own. And even then, if she doesn't have the money....you won't get it. All you succeed in doing is messing her credit up for a while. Judgments do fall off your credit report after a certain amount of time. If you have fixed up the unit and have failed to rent it out maybe you are asking for too much rent and need to re-evaluate your pricing. Having a good tenant that pays rent is better than having an empty unit. |
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Jennifer W
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I feel your pain, but I have to ask: Could she not afford it, or were there problems that were not being attended to? With that much damage, it sounds like maybe she was just using you for a place to stay, while saving up her money for a new place to stay.
OK.... Go to the magistrate's office. They're the only ones who can tell you the laws for your particular area. If your claim is legimate -- make sure to bring your pictures -- they will help you file it properly.
However, like I said, it depends on where you live. Here, it would only go against her credit as a judgment, but if she's a dead beat already, it won't matter. On the other hand, if you're lucky enough to live where the government gets involved, you might can garnish her wages or even take personal property to sell and make up for your losses.
In the future, consider the types of destruction this low-life caused. Next time you can insist on a Housekeeping Clause that allows you to come in (ANNOUNCED, with plenty of notice!!!!!!!!) and inspect the property. You won't be worrying if she's got 12 loads of laundry not yet put away, or toys strewn across the floor. Your inspection should include light sockets, etc. If you see that they're beginning to make undisclosed damages, you'll see your red light and be ready to nip it in the bud! |
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lm
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I don't know what type of landlord you are, but it seems you charged too much for the rent! She lived there for only a few months and got angry? And you spent 2 months and still couldn't rent the place out. By all mean, ask your question to a lawyer, not Yahoo answer. |
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Matrixcm
 |
I'm sorry to hear about your trouble. In the USA, there are a lot of options not only to protect tenants but to protect landlords too.
You could sue her for the remaining months of the lease plus the repairs, attorney costs if stated in the lease, any advertising cost, etc. However, you must try to lease the place out to mitigate your losses. You can lower your rental amount to get a tenant as a form to mitigate your losses too. Then sue old tenant for the difference up to the end of her lease. If you can prove the damages are malicious, you can also get punitive damage too. I hope you have pictures of the damages like damaged toilets, bathtub, smashed up thermostat, etc. to show malice. It's good to file a police report too for property damage.
Sue her and get a court order to garnish her paycheck after you've won the case. We're in an information age, it is very difficult to hide unless the old tenants used fake information in her application. Then it becomes a fraud case. |
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frank
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Take out a civil suit against her for the rent and get three estimates for repairs,reprort her to the Wefare Board to prevent her fro getting secton 8 housing and agree to recind the action as soon as she makes complete restittution.
Legal advisors ath the court will help you, if she is low income she will get free lawyer. The best thing you have on your side is the destruction get pictures, trash bags, broken walls glass show every disgusting thing.
She can call on sympathy for being poor but not for being a slob or a vandal, also utility bills you got stck with.
It n=might not hurt to have a lawyer either, price them with a free consuktation,Pictures,pictures pictures
If neighbors complained to cops getthem to give you copis of police reports, Beer bottle drug stuff there? In the pictures, call old landlords from references.
Nest time do that before you rent, run a credit check and get a2 month damages deposit in addition to other deposits |
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Open Book Advisors™
|
She signed a 12 mos lease she is responsible for that 12 mos of rent.
You have to do all you can to rent out, legally.
She can be charged for months vacant and advertising costs.
Yes get a judgement.
When she goes to buy a home someday, the bank may require her to pay off that judgement and if nothing else you will affect her credit and ability to rent, saving future landlords the trouble.
There are also companies that buy judgements and then go after the debtor themselves.
Good Luck |
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kimmamarie
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Ok you got the tenant evicted so you no longer have a lease with her and she is not obligated to pay the remainder of the lease. You broke the lease by evicting her. The lease is legally teminated! You can go after her for damages, unpaid rent, late fees and what it costs you to file in court.
You can get a garnishment order from the court for a portion of her paycheck, or check into her state income tax. In MI, I could garnish her State income tax. If your garnishment order is more than her income check, then you will get her whole check the first time, then you have to refile for the next year to get the rest and so on until you have been completely paid. Ask your court for the proper papers to file.
Hope this helps |
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snowboardzombie
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It's different by state. In DC you have to wait like 6 months before you evict someone. You have to look at it from a few angles, if you track her down you may end up spending a lot of time and money on attorney and court fees. You could end up garnishing her wages if needed, but if she files for bankruptcey you dont get any of the money back. It's a tough decision. I would track her down, but I'm with a big company and we have the means to do so. Good luck to you!
-property manager |
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SalsWyf07
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Sounds about right...I would |
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Chantay
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Ask judge Mathis. |
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