AWOL Tenants
I had some nightmare tenants who decided to stop paying rent. I eventually got a lawyer and began eviction proceedings against them. They eventually left on their own, without telling me, or leaving a forwarding address. They also owed me about $5,500 in back rent. Anyone been through this before? What is the best way…
I had some nightmare tenants who decided to stop paying rent. I eventually got a lawyer and began eviction proceedings against them. They eventually left on their own, without telling me, or leaving a forwarding address. They also owed me about $5,500 in back rent. Anyone been through this before? What is the best way to track them down? Do I even need to? One lawyer told me that I could sue them by serving them at their last known address. Does anyone know any more about that process? I have their names, copies of their drivers license, cell phone #s etc.
Ok, so now you know.
Complete the eviction, get a judgement (probably won’t be able to collect anyway), register it as a debt (linked to their SSN) and move on.
The $5,5.00 they owe would be nothing compared to what it could cost you to evict.
Good money after bad (even though you are probably not happy about the situation).
Good riddance, ‘bad cess’ to them and call it a day.
The rental market is stronger now, btw…
Good luck!
In that case, I would still go after them through the court system. They probably won’t even show up in which case there would be a default judgement entered against them. The maximum a small claims court can award is $5000 but you barely have to pay any court costs and you can represent yourself so forget about the $500. Once you have the judgement in hand, hire a marshall to go after garnishing their wages…if you know where they are employed.
Thanks bedstuy. That’s fascinating. I’ve never heard of that before. Unfortunately they always paid w/ a cashier’s check. Which leads me to believe, even though they were only 26, they’ve probably had some experience defaulting on leases before. In most circumstances I would never have rented to them. Thanks NYC rental market of the summer of ’09 🙁
If you are awarded a monetary sum in a judgement, you could also order a Blumberg form called a restraining notice and assuming that they paid you with a check at some point during their tenancy, you have their banking info. Then, take the copy of the judgement and completed restraining notice to their bank, give it to a manager and they are required to take the money from their account and give it to you. I did this to a former landlord who refused to return our security deposit and had the money 48 hours after I gave the documents to the bank. It will cost you about $10 for the form.
go old school and break their knee caps? seriously. they sound like scrubs anyway.
*rob*
Get a judgement against them and then you can file a lien against their property including having their wages garnished. They obviously don’t own real estate or they wouldn’t be renting. If they own a car you could go after that.
you asked service of process. you can use a professional process server and let them worry about the details. it’s not actually that expensive.
You would be wise to ensure you are legally covered. In an extreme case your tenants could return and cause you issues in court. i.e. they could argue they hadn’t left. Sounds ridiculous but I’ve seen it. Ensure the lease is legally ended for both parties.
As for following up on monies owed, that’s a personal call and you should be prepared for a long and drawn out process and determine if its worthwhile.
This is why when you’re analyzing or modeling an investment in rental property you should always include vacancy/collection loss.
“Why would I need to continue the eviction process?”
Your post wasn’t clear – “I eventually got a lawyer and began eviction proceedings” made me think the lease term hadn’t yet expired (in which case I’d be concerned about renting it out again).
“hit them with a Lien”
You need to attach a lien to property, not sure how that’s going to work with deadbeats.
If you get the judgment, you or (or someone else) can chase them for the money. I’m betting it’s a long shot you collect more than it costs you. There would be a public record that will show up on tenant screening searches done by some landlords and employers in the future. And if they stiffed you but end up buying property in the city, it might be something they’d be forced to pay up.
All best discussed with a good attorney.