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Small Claims Courts : Suing or Defending on Your Own, Usually Without an Attorney
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  #1  
Old 10-26-2009, 12:13 PM
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Join Date: Oct 2009
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Tenant scammed me


What is the name of your state (only U.S. law)? TX. I leased my home to a family, they stayed for a period of 3 months, I found out he couldn't afford the rent and was going to leave in the middle of the night. I called and asked him about his situation, he acknowledged that yes he didn't have any money and was going to leave. He found a job in another state. He owes over $7000 now in back rent not to mention, pool cleaners, lawn maintenance and he has a lease that is broken. I put my house on the market but no bites.
Can I take him to Small Claims Court? I don't have a clue where he is, he's been a great liar to date. All my letters have been returned address unknown (which I've kept) Or can I submit to the Credit Bureau directly? I'm not a professional landlord, this was the first time I rented out.
How can I pursue this?
  #2  
Old 10-26-2009, 12:17 PM
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Join Date: Jul 2009
Location: New York. Long Island.
Posts: 998
Well, I dare say you bring all your returned letters and lease and everything else to small claims court. Get a judgment and hope at some time in the future he will find out about it and pay you.

Leave no penny off the complaint including filing and attorney fees.


Next time, do a through screening including retaining social security numbers and whatnot.
  #3  
Old 10-26-2009, 01:06 PM
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Posts: 1,246
Your biggest roadblock is that you do not know where your former tenant now resides.

In order for a case to be heard in Small Claims, this person would have to be served notification that you have filed against him.

Gail
  #4  
Old 10-26-2009, 09:08 PM
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Join Date: Jul 2009
Location: New York. Long Island.
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Gail, Do you think any other notification is possible in any cases like this?

If he has to pay a private investigator, can he add that to the complaint?

Do you think this LL even got the guys real name?



*A warning to Landlords, We cannot stress the importance of properly screening prospective tenants.

The least you can do is get a copy of their license and a social security number... (which you should at least verify with the government.)







And in Texas isn't especially important to verify SS#'s???
As a matter of fact, are landlords there mandated to keep social security numbers on their tenants?
Did that ever get decided on?

Last edited by Banned_Princess; 10-26-2009 at 09:13 PM.
  #5  
Old 10-27-2009, 01:17 PM
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I do have his legal name, I did a criminal search because he was an ex-con on probation for another few months, he turned to Christianity, I thought I'd give him a break. I have his SSN as well as birthdate and criminal history. What I don't have is his forwarding address. Because I can't serve him, can I put it on his credit bureau as a non payment of debt or does it need to go through a judgement first? I know property managers don't use small claims anymore they go right to the bureaus.
Thoughts?
  #6  
Old 10-28-2009, 03:24 PM
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Join Date: Jan 2006
Posts: 457
Cool

In your position, I'd talk to Probation and Parole (or its equivalent in Texas) -- it could be that this is some kind of violation for which the offender could be roped in.

Couldn't hurt to try. Call your local police department and ask them for the phone number.
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