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12-21-2005, 05:48 PM
| | Junior Member | | Join Date: Dec 2005
Posts: 3
| | | Rent overdue: how to collect after tenant leaves
What is the name of your state? California
Hello everyone!
I have a tenant who has not paid rent since August. They have started making partial payments this month, but he still owes me roughly $4300. The guy is agreeable to move out if I ask him to (relieving me of having to do a formal eviction). However, if agrees to move out, how do I best go about making sure I still get the rent he owes me?
My understanding is that if I use a collections agency, they'll take almost half the money themselves. So, I am hesitant to do this.
Also, the rental agreement that my idiot brother used did not have a clause for attorney fees, so I would incur all the costs of using an attorney. Again, I'm hesitant to do this unless I have to.
What information MUST I get from the tenant before he leaves my property to guarantee that I can track him down if necessary?
Am I correct in thinking that the best way to collect is by taking him to small claims court? Any other recommendations on what to do in this case?
I truly appreciate anyone's help. This is my first time making colossal mistakes in the great world of real estate investing! Just gotta fix 'em and keep moving!!!
Karen  |
12-21-2005, 06:35 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 27,429
| | | Q: What information MUST I get from the tenant before he leaves my property to guarantee that I can track him down if necessary?
A: Get all the personal info you can AND the names, telephone numbers, and addresses of three people who will always know where he is.
Q: Am I correct in thinking that the best way to collect is by taking him to small claims court? Any other recommendations on what to do in this case?
A: Small claims court is not the best for anything as far as I am concerned. Search california small claims court on Google and Amazon; there are tons of publications about such courts in your state. (Try [url]www.nolo.com[/url] also.)
__________________
My signature is not working.  |
12-21-2005, 09:29 PM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | Stop screwing around serve him a 3-day notice TODAY and then file the eviction on the 4th day, you can sue in small claims for money he owes you later.
Start gathering and documenting evidence for small claims.
Tip: Next time you are owed rent for longer than a week serve a pay or quit notice otherwise your tenants will continue to see how far they can push you and screw you.
You can be nice but they are not your pals keep it professional.
What you have done with this tenant is let the rent build up so much that he will simply string you along until he gets kicked out by the court system. Stop trying to be nice its time to turn the heat up... Yeeee Haaaa Quote: |
Originally Posted by karenkiwi What is the name of your state? California
Hello everyone!
I have a tenant who has not paid rent since August. They have started making partial payments this month, but he still owes me roughly $4300. The guy is agreeable to move out if I ask him to (relieving me of having to do a formal eviction). However, if agrees to move out, how do I best go about making sure I still get the rent he owes me?
My understanding is that if I use a collections agency, they'll take almost half the money themselves. So, I am hesitant to do this.
Also, the rental agreement that my idiot brother used did not have a clause for attorney fees, so I would incur all the costs of using an attorney. Again, I'm hesitant to do this unless I have to.
What information MUST I get from the tenant before he leaves my property to guarantee that I can track him down if necessary?
Am I correct in thinking that the best way to collect is by taking him to small claims court? Any other recommendations on what to do in this case?
I truly appreciate anyone's help. This is my first time making colossal mistakes in the great world of real estate investing! Just gotta fix 'em and keep moving!!!
Karen |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism 
Last edited by south; 12-21-2005 at 09:31 PM.
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12-21-2005, 11:04 PM
| | Junior Member | | Join Date: Dec 2005
Posts: 3
| | | California
Should I still proceed with a formal eviction if he's agreeable to move out? Can I skip that step and just go straight to small claims? |
12-22-2005, 08:41 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 27,429
| | | Q: Should I still proceed with a formal eviction if he's agreeable to move out? Can I skip that step and just go straight to small claims?
A: Skip it at your own peril.
__________________
My signature is not working. |
12-22-2005, 10:44 AM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | Are you still looking to screw around?
He who looks for reasons to skipeth will end up wipeth.
You can sue him any time you want but the idea is to remove the clown from your unit.
Serve him yesterday a notice to pay or quit in the meanwhile if he moves out then good for him.
Sue him once you get him out. Quote: |
Originally Posted by karenkiwi California
Should I still proceed with a formal eviction if he's agreeable to move out? Can I skip that step and just go straight to small claims? |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism | |
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