Tennant Issues....Any advice?

J BONE · 01-23-2009, 03:34 PM

I know some of you guys invest in real estate so I have a question. I have a tennant that owes me $5000. She has moved out so I do not have to worry about eviction or anything. What are the best choices to get this money? Spoke with lawyer about small claims court but he didn't want to get involved because he has a small practice. Anyone have any luck with small claims court? Thanks guys!

White08M3 · 01-23-2009, 03:39 PM

Send a legal letter demanding payment...if they dont respond...kill them

Seminole · 01-23-2009, 03:41 PM

You pretty much will have to sue them.

modbargains · 01-23-2009, 03:42 PM

Quote:

Originally Posted by White08M3

Send a legal letter demanding payment...if they dont respond...kill them

J BONE · 01-23-2009, 03:42 PM

Quote:

Originally Posted by White08M3

Send a legal letter demanding payment...if they dont respond...kill them

I would love to!

Diggity · 01-23-2009, 04:07 PM

Quote:

Originally Posted by Seminole

You pretty much will have to sue them.

Yep. Then you get to go to small claims court and go through arbitration, at which point you'll have to agree to a smaller amount (probably around half) or go to trial. It doesn't really matter which of the two you choose, because she'll never pay anyway.

I've had people leave in the middle of the night, flat out refuse to pay (which sucks because eviction takes ~90 days), and my favorite - adjusting their lease agreement on their own.

Maestro · 01-23-2009, 04:09 PM

Yep, your stuck with small claim if the limit there is $5k and under some small claims courts have limits on how much you can recover, usually a few $K.

I have hear where some people file criminal thief charges against some who owed them that kind of money. This depend on the local laws and such now a days laws tend to favor the renter over the owner anyway.

Thus the reason for large security deposits

Tondtar · 01-23-2009, 04:49 PM

I am not sure about IL but in CA if the amount of claim is $5K the best and least expensive course of action is small claims court. However, beware of your chances for winning the case these days. All she has to do is to look distraught, shed a couple drops of tears and tell the judge that she has lost her job and has no money. They almost always go for the weak party in small claims court and judge's decision is final. You can not repeal the case if you lose.

Good luck ....

chinoxs203 · 01-23-2009, 04:55 PM

Quote:

Originally Posted by White08M3

Send a legal letter demanding payment...if they dont respond...kill them

Quote:

Originally Posted by **********s

i guess dont fault on your payments to modbargins. or leave the country for a small island

J BONE · 01-23-2009, 05:46 PM

Thanks guys. I know the law favors these people, which is such BS. Amazing that these people can get away with all of this. I was hoping in small claims court that they would garnish her wages and get my money. I have a lot of documentation stating that she owes me money and her acknowledging that. Hope this helps. IL law allows up to $10K for small claims court.

J BONE · 01-23-2009, 05:47 PM

Quote:

Originally Posted by Diggity

I've had people leave in the middle of the night, flat out refuse to pay (which sucks because eviction takes ~90 days), and my favorite - adjusting their lease agreement on their own.

Wow! People will think of anything these days!

Razzy · 01-23-2009, 10:30 PM

dude, the odds are against you.

spectrumphoto · 01-23-2009, 10:57 PM

Its not that the odds are against you. It can just be a pain in the ass. Its not expensive or difficult to file in small claims. Some jurisdictions have everything you need on-line. Im assuming that you kept the deposit and have taken that into consideration. If there was any property damage then photograph that and include in he claim as well as documentation on repairs and cost.

Best case is that you file a suit against the former tenant, get them served and they end up not following through. You can then just get a default judgement against them and that could haunt them down the road. I did that to someone who knocked over my motorcycle a number of years ago. They did not follow up after being served and so I got a judgment for $10K against them. About 4 years later I get a call from an atty for the who I had a judgment against. He was trying to sell a house (cant remember if it was inherited or just he had one then and wanted to sell) but couldn't because I had an open judgment against him and it attached itself to his property automatically so it was holding up the pending sale... Long story short I got my money and I was also able to be a pain to the guy years later in the process... Double retribution...

You should also check to see how you can report this to the 3 credit bureaus. A mark like that will be seen very unfavorably by other possible land lords since soo many now days will run credit checks before renting. Judgments/ court actions will automatically go on her credit file.

number335 · 01-23-2009, 11:05 PM

I'm not sure if there are legal differences between private landlords and commercial landlords, but typically if you don't pay your rent for an apartment, they can go through a collection agency to get their money back.

01-23-2009, 03:34 PM	#1
J BONE The Boss 110 Rep 4,948 Posts Drives: %E2%80%9816 F15 X6 Join Date: Nov 2007 Location: Illinois iTrader: (12) Garage List 2008 E92 335xi [9.00]	Tennant Issues....Any advice? I know some of you guys invest in real estate so I have a question. I have a tennant that owes me $5000. She has moved out so I do not have to worry about eviction or anything. What are the best choices to get this money? Spoke with lawyer about small claims court but he didn't want to get involved because he has a small practice. Anyone have any luck with small claims court? Thanks guys! __________________ 2016 F16 X6 2015 F15 X5- Retired 2013 F10 535xi- Retired 2011 E92 M3- Retired 2011 E90 335- Retired 2008 E92 335- Retired
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01-23-2009, 03:39 PM	#2
White08M3 Captain 124 Rep 789 Posts Drives: 2008 BMW M3 Coupe Join Date: Mar 2008 Location: Long Island,NY/ Miami Beach iTrader: (1) Garage List 2008 M3 [0.00]	Send a legal letter demanding payment...if they dont respond...kill them __________________ E92 *///M3/Alpine White/6MT/Tech/VRS Boot Lid/UUC SSK/H&R Sport Drop/Hamann lip/ Remus Race Exhaust...*
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01-23-2009, 03:41 PM	#3
Seminole Colonel 478 Rep 2,032 Posts Drives: Red Flyer Join Date: Aug 2008 Location: 38.8977° N, 77.0366° W iTrader: (2) Garage List 2008 E90 328i [7.00]	You pretty much will have to sue them. __________________
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01-23-2009, 04:09 PM	#7
Maestro Major 1058 Rep 1,268 Posts Drives: 2007 335i Sedan, 2021 X3 Join Date: Nov 2006 Location: Philadelphia iTrader: (0)	Yep, your stuck with small claim if the limit there is $5k and under some small claims courts have limits on how much you can recover, usually a few $K. I have hear where some people file criminal thief charges against some who owed them that kind of money. This depend on the local laws and such now a days laws tend to favor the renter over the owner anyway. Thus the reason for large security deposits
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01-23-2009, 04:49 PM	#8
Tondtar 12 yr old Juvie 1137 Rep 881 Posts Drives: His Mom Crazy Join Date: Apr 2008 Location: El Lay iTrader: (2) Garage List 2008 (RIP in 2011) ... [0.00]	I am not sure about IL but in CA if the amount of claim is $5K the best and least expensive course of action is small claims court. However, beware of your chances for winning the case these days. All she has to do is to look distraught, shed a couple drops of tears and tell the judge that she has lost her job and has no money. They almost always go for the weak party in small claims court and judge's decision is final. You can not repeal the case if you lose. Good luck .... Last edited by Tondtar; 01-23-2009 at 05:05 PM..
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01-23-2009, 05:46 PM	#10
J BONE The Boss 110 Rep 4,948 Posts Drives: %E2%80%9816 F15 X6 Join Date: Nov 2007 Location: Illinois iTrader: (12) Garage List 2008 E92 335xi [9.00]	Thanks guys. I know the law favors these people, which is such BS. Amazing that these people can get away with all of this. I was hoping in small claims court that they would garnish her wages and get my money. I have a lot of documentation stating that she owes me money and her acknowledging that. Hope this helps. IL law allows up to $10K for small claims court. __________________ 2016 F16 X6 2015 F15 X5- Retired 2013 F10 535xi- Retired 2011 E92 M3- Retired 2011 E90 335- Retired 2008 E92 335- Retired
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01-23-2009, 10:30 PM	#12
Razzy Lieutenant 262 Rep 509 Posts Drives: N/A Join Date: Sep 2008 Location: Ontario, Canada iTrader: (0)	dude, the odds are against you.
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01-23-2009, 10:57 PM	#13
spectrumphoto Just another peanut in the Turd! 94 Rep 598 Posts Drives: g16M850;f30M550;f80M3-ED;e90M3 Join Date: Aug 2008 Location: Hollywierd, SoCal iTrader: (2)	Its not that the odds are against you. It can just be a pain in the ass. Its not expensive or difficult to file in small claims. Some jurisdictions have everything you need on-line. Im assuming that you kept the deposit and have taken that into consideration. If there was any property damage then photograph that and include in he claim as well as documentation on repairs and cost. Best case is that you file a suit against the former tenant, get them served and they end up not following through. You can then just get a default judgement against them and that could haunt them down the road. I did that to someone who knocked over my motorcycle a number of years ago. They did not follow up after being served and so I got a judgment for $10K against them. About 4 years later I get a call from an atty for the who I had a judgment against. He was trying to sell a house (cant remember if it was inherited or just he had one then and wanted to sell) but couldn't because I had an open judgment against him and it attached itself to his property automatically so it was holding up the pending sale... Long story short I got my money and I was also able to be a pain to the guy years later in the process... Double retribution... You should also check to see how you can report this to the 3 credit bureaus. A mark like that will be seen very unfavorably by other possible land lords since soo many now days will run credit checks before renting. Judgments/ court actions will automatically go on her credit file.
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01-23-2009, 11:05 PM	#14
number335 Second Lieutenant 20 Rep 254 Posts Drives: E92 Coupe Join Date: Mar 2008 Location: Orange County, CA iTrader: (0)	I'm not sure if there are legal differences between private landlords and commercial landlords, but typically if you don't pay your rent for an apartment, they can go through a collection agency to get their money back.
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