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  1. #1
    melissah679 is offline Junior Member
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    May 2010
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    Is there a time limit to sue tenant?

    What is the name of your state (only U.S. law)? Michigan

    I was renting my condo to someone I thought was a friend. I had her sign a lease (month-to-month) but never collected a security deposit. On March 17, she emailed me saying she was giving me her 45 day notice that she was moving out. Rent was $500 a month and she was having financial difficulity. She emailed me the following:

    "I am giving you a courtesy notice of 45 days to which I am will be moving out of the condo. I will be out by May 1, 2010 and my last payments of rent will be paid on April 9th and April 23rd 2010 each payment will be $250 totaling $500."

    Well, on April 22 she made the first $250 payment (13 days later than she said) and I still haven't received the second payment. I have been being way to nice and now she won't return my phone calls. What can I do? Is there anyway to sue her for the money? She has moved out as of April 30.

    The lease also states that I can charge a $25 late fee, which I have never charged because she was also honest with me and made a payment plan.

    There were several other months last year that she was late. Can I sue for the $25 fee for those months also?

    Am I still able to take her to court six months later? Or did I miss my chance?

    Any help would be great!
  2. #2
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by melissah679 View Post
    What is the name of your state (only U.S. law)? Michigan

    I was renting my condo to someone I thought was a friend. I had her sign a lease (month-to-month) but never collected a security deposit. On March 17, she emailed me saying she was giving me her 45 day notice that she was moving out. Rent was $500 a month and she was having financial difficulity. She emailed me the following:

    "I am giving you a courtesy notice of 45 days to which I am will be moving out of the condo. I will be out by May 1, 2010 and my last payments of rent will be paid on April 9th and April 23rd 2010 each payment will be $250 totaling $500."

    Well, on April 22 she made the first $250 payment (13 days later than she said) and I still haven't received the second payment. I have been being way to nice and now she won't return my phone calls. What can I do? Is there anyway to sue her for the money? She has moved out as of April 30.

    The lease also states that I can charge a $25 late fee, which I have never charged because she was also honest with me and made a payment plan.

    There were several other months last year that she was late. Can I sue for the $25 fee for those months also?

    Am I still able to take her to court six months later? Or did I miss my chance?

    Any help would be great!
    You can sue for the rents owed, however the further you go back, the harder it will be to prove to a judge you should get the monies.
  3. #3
    antrc170 is offline Member
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    You can sue for the lost rent, but I don't think you'll get a judge to go for adding late charges when you should have already collected it. My advise is that you really consider the amount of money before you file suit. $275 ($250rent + $25 late fee). You'll file in small claims, she probably won't show, you'll get the default judgement, but with no way to contact her you still won't get your money. In the end you'll probably waste more time and money than it is worth.

    The lesson learned is always get a security deposit.
  4. #4
    Join Date
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    You seem very nice; you could get a judgment or simply forget about $250 bucks. If she left the place in good condition then you should feel blessed. Next renter: security deposit (really, if people cannot produce one, they will not pay their rent either). Good luck in your income investment
  5. #5
    Antigone* is offline Senior Member
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    Quote Originally Posted by wrongsometimes View Post
    You seem very nice; you could get a judgment or simply forget about $250 bucks. If she left the place in good condition then you should feel blessed. Next renter: security deposit (really, if people cannot produce one, they will not pay their rent either). Good luck in your income investment
    Really, just like that, huh. Not wrongsometimes, it should be wrongagain
  6. #6
    atomizer is offline Senior Member
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    Never do business with friends, or family. Next time make sure you collect a security deposit.

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