Can anyone help with the proper legal channel and process needed to recover rent from a delinquent renter. The person was renting long term,stopped paying in January, then moved out without notice. What is the process for a landlord to pursue getting the rent paid after the tenant has left?
He is still in San Pedro, but just doesn't respond.
Any help here is appreciated.
Your professional property manager will know how to handle this
SP Daily,
Since you spoke up here. How do you work with advertisers that don't pay ?? Is it a similar process.
All my advertisers are good pay..never a problem
WELCOME TO THE CLUB - The answer is 'You can't" it seems to be a way of life here.
That is why you take a month rent as a deposit.
If you have proof they owe, $25 to file a claim in magistrates court, you'll get paid!
If you prevail, or if they default on the hearing you can take a judgment. But it most likely never be paid.
Take out an add in the newspapers and declare him as Hard Pay, that will give everyone in the country (that read newspapers) a heads up on the fellow.
Just shoot him and sell his body parts.
just string him up by a certain body part then sell the rest O==>
That is why you take a month rent as a deposit.
That is fine as long as there is no damage. In my experience much of the deposits are needed to cover damages not rent.
If you think there will be damage to your property do not rent.
If you think there will be damage to your property do not rent.
You make it sound pretty simple. Unfortunately it's not. I have rented to people that have great references good jobs and outwardly appeared to me great tenants but still tore things up that were/are expensive to replace/repair.
Bing, I am dealing with the same thing back here in Oklahoma. The damage deposit will not even cover the damage sustained, much less the rent owed....and my renter was a former student whom I've known for 20 plus years. Very sad and can happen anywhere...to anyone.
I have had the same problem so now I do not rent. Could you not put your property in the hands of some one you trust to keep checking on the place.
Caye management comes to mind.
"If you have proof they owe, $25 to file a claim in magistrates court, you'll get paid!"
Not if it's over a certain amount (around $1000 or so), after that you have to file in Supreme Court and the lawyers fees and hassle won't make it worth your while. Get a deposit and never let it go late for very long. Recovery and eviction can be a long process and as the arrears add up you get closer to having to go to Supreme Court. I managed 12 apartments and I've been in front of the magistrate several times and the system is in the renters favour unless you act quickly.
They raised the limit on Magistrate Court claims last year. It definitely used to be $5000bz but I'm pretty sure it is now $10,000.
Good news. I just did the calculation and it was $1500 I was trying to recover and the magistrate told me I would have to go to Supreme Court to recover, this would have been about 5 or 6 years ago. At least I won the eviction...
$15k limit for magistrates court.
use it enough, usually get satisfaction. Usually pay when they recieve the summons to avoid court.
Thank you all for the constructive advice...now I have a direction to go in getting this back. Considerately,you thought about it for a bit, then offered something of use instead of being flippant. I appreciate the information that I can act on legally.
Thank you all for the constructive advice...now I have a direction to go in getting this back. Considerately,you thought about it for a bit, then offered something of use instead of being flippant. I appreciate the information that I can act on legally.
It's still possible to add some flippancy if you feel short changed!
(P.S. Hope it goes well for you)
the system is in the renters favour unless you act quickly.
And have all your ducks in a row. I too have had to go to court, I have never lost a case even though, as you say, the system favors renters.
Thank you,we are acting next week. It should be interesting.
First, I want to thank the members of the board that helped with constructive advice to help in recovering funds from a delinquent renter. The process was long,beginning in February, 2012,but successful.
The events unfolded as most legal issues usually do, filing with the clerk,arranging service(be diligent here and double check the results), appearing for arraignment, then appearance for trial,followed by the decision. The Magistrate is efficient, tolerant, and understanding, giving leeway to both sides, plus ample time to produce evidence or witnesses.
In our case, the burden of proof was my responsibility as the complaining party. The issue was contested, the Magistrate ruled in our favor on August 21, 2012. As far as payment of the decision, that is yet to come, there is a deadline, the Magistrate indicated that if payment was delinquent, then the court would step in and it would then be different from a civil issue. Failure to pay would then be a criminal concern for violating a judicial order.
So...in this case, the process is working. Be prepared, have documents and statements ready for the time in front of the court. It took 12 court days total, but was worth it to make this person accountable using due process. Landlords can PM here for the name of the delinquent renter, if they choose.
As a postscript, the court is incredibly busy and understaffed, deserving praise for moving the staggering caseload along at the best pace possible. Bring a book and a lot of patience.
Bing, I am dealing with the same thing back here in Oklahoma. The damage deposit will not even cover the damage sustained, much less the rent owed....and my renter was a former student whom I've known for 20 plus years. Very sad and can happen anywhere...to anyone.
Call Judge Judy She will sort it out