Any landlord experienced tenant not paying rent?

[nsxlust]

Anyone experienced tenant moved out and still owes you 2 months of rent.
What can I do to get the money?
Can I use a collection agency?
I have the following:
His social security number.
His permanent home address.
His place of work (phone number, address and fax number)

Anything I can do?
Can I call up credit bureau to report him to damage his credit report?
Can I put a lien on his credit report?

Any advice will be wonderful.

Thanks

Jon

 

[steveny]

You can do just about everything you mentioned. Problem is it would be with the use of a lawyer and the courts. So unless he owes you a lot of money it is best, financially, to just let it go. Next time take the front door off the hinges and take the door home with you after the first unpaid day of rent. :biggrin:

 

[menuserve]

you should have had a months security... so once he was late he was using up his security that month and you could make arrangements to evict him before the next month.

 

[heySkippy]

I would go to small claims court and get a judgement. The judgement by itself doesn't get you your money but from it, other things can flow such as garnishment, etc.

 

[queenlives]

these two things seem obvious to me:

1) each state/locale quite likely has different rules/laws that apply
2) you should consult an attorney knowledgable re your specific area & situation.

i'm neither a landlord or attorney, but since you're apparently a neophyte at this, suggest you retain the services of a professional to guide you through (at least) this initial situation.

best,
hal

 

[nsxlust]

It was my fault to let it go beyond the due date when the rent is due. The tenant and I were in agreement that he was going to purchase the condo from me since he has first priority if when comes to sale it. He asked me if he can delay the closing for 2 months in order for him to save up enough for a down payment to the condo. I agreed but then he started to delay signing the purchase contract and told me his father passed away just in the last few days that he was in bad shape and needed more time. 2 months went by, he finally said he wasn't able to go through with the purchase and moved out without let anyone know. That was when I got stuck with the 2 months uncollected rent. We had a perfect tenant and landlord relationship, he always pay on time for the past 3 years and never gave me any problem. So I trusted him that he needed 2 months to save up rent. I just don't know what went wrong.

Can I write a letter in big bold letter stating that he owes me rent and fax to where he work. If I can not get my money back, I might as well amuse myself by letting his co-worker boss know what kind of person he is.

 

[steveny]

Try this site for forms to mail him.

http://www.lawdepot.com/

 

[comquat1]

On a serious note, is it legal to take the door off? It seems like that would take care of many a problem tennent. :biggrin:

 

[Bilulan]

I had this experience once before. I learned alot. Laws vary by state, but you should call around for real estate attorneys specializing in tenant evictions.

When I called around I got prices all over the board. ($300 to $1000)
Ultimately I paid $300 for the 3 day notice/court appearances/sheriff serving the eviction/etc....

I then paid another $225 for the attorney to file this debt on their credit report. Ultimately, they will have to pay you what is owed, to clear this up. Incidentally, it is not just the 2 months rent, but any additional expenses/missed future rent until you get a new tenant in.

I also learned that if you collected a security deposit to cover possible damages, you are responsible to refund it to the tenant, EVEN though they owe you rent. UNLESS......you can justify some damages/repairs/cleanup necessary to get the unit resellable. An attorney can help you fine tooth comb your place so that it is not necessary to refund the deposit. You WILL need to mail the former tenant your findings as to why they will not be getting their deposit back.

Since the tenant is out and you don't have to evict, it may only cost you a couple hundred bucks to put a lien on their credit (sorta speak) and you can request both unpaid and FUTURE moneys due.

HTH
Bill

 

[steveny]

On a serious note, is it legal to take the door off? It seems like that would take care of many a problem tennent. :biggrin:

No....and I had to put it back on the next day after the police called. The officer thought it was a good idea on my part but unfortunately not legal.
In the same circumstance I have had strange power outages on weekends when parts are not available to replace the "broken" one.

I have since put in place a strategic plan. If I want to rent the apartment for say 1000 a month I tell the prospective tenant that the rent is 1050 but 50 will be credited to their security account every time the rent is on time. When they move out they will get back the entire amount of the security plus the 50 from each month, IF the apartment is left in good order and ready to be rented to the next tenant without any work needed.
If they are late just one month they lose all the money earned except the deposit.
Most tenants are always on time now with the rent. :biggrin:

 

[comquat1]

No....and I had to put it back on the next day after the police called. The officer thought it was a good idea on my part but unfortunately not legal.
In the same circumstance I have had strange power outages on weekends when parts are not available to replace the "broken" one.

I have since put in place a strategic plan. If I want to rent the apartment for say 1000 a month I tell the prospective tenant that the rent is 1050 but 50 will be credited to their security account every time the rent is on time. When they move out they will get back the entire amount of the security plus the 50 from each month, IF the apartment is left in good order and ready to be rented to the next tenant without any work needed.
If they are late just one month they lose all the money earned except the deposit.
Most tenants are always on time now with the rent. :biggrin:

That power outage trick is pretty good. :biggrin:

Now is the extra $50 way a verifiable legal thing to do as well? Have any tenants called you on that with regards to if that's breaking the law?

 

[WOODY]

you call it a timely payment discount. the actual rent is 1050, and the 50 is a discount. if they miss they lose the discount and pay "actual" rent of 1050.

 

[steveny]

That power outage trick is pretty good. :biggrin:

Now is the extra $50 way a verifiable legal thing to do as well? Have any tenants called you on that with regards to if that's breaking the law?

No one has asked and I really do not know if it is kosher or not.
It does work though. I have had tenants paint the apartment for me before they return it to me. Cleaned to sterile, can do brain surgery on the floor without the fear of infection, clean. :biggrin:
And those who don't return the apartment in good shape have a huge security deposit to draw from, although that has never happened yet.
The last tenant I had to evict I found in the woods fishing after he ducked me for 4 days with partial payment. He was very surprised to see me although he should have known better as I own a ton of rentals in the town where he rented from me. With just a few phone calls I put out the word who I am looking for and usually locate the person within 24 hours. I am A very good landlord probably the best one in this area, but I DO NOT UNDER ANY CIRCUMSTANCES put up with non payment. People in town know this and all my rents are almost always paid in full by the first of the month.

 

[GHOSTRIDER]

Interesting to see this thread. I myself am trying to figure out how to collect unpaid rent. I had a tenent move out 6 months into a 1 yr lease agreement. He got a job offer in Kansas City so he just packed his crap and left. So this jerk owes me almost $10,000 in rent. I would do just about anything to get this on his credit report. I have found out that even if I get a judgement against him I would still have to figure out how to collect. This sucks!!
Any lawyers on here please advise how to get this guy back, maybe putting a lien on his house in Kansas City or something.