Collect Rent from Previous Tenant

[junglee444]

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

I am just a beginner in being a LL, but through my good graces and inexperience, I let one of my previous tenants get behind 2 months on rent. Well, ultimately, they vacated the premises without notifying me and left a huge mess. I did search the forums but couldn't find a similar issue.

Basically, I have all of the tenant's information (i.e. SS#, etc), and they were tenants from the previous property owner, so I don't know if a credit report was obtained. I don't have a forwarding address so have no way of contacting them. However, I did contact the tenant's boyfriend via his cell phone and he kept telling me that he would pay. But my last conversation with him about a week ago, he tells me that he doesn't think he should owe anything since there were roaches and an unfixed sink. That was the first time he mentioned any issues with the duplex, so he was basically trying to get out of paying.

They owe me about $2100 past due rent including cleaning/repair charges over the amount of their deposit. Since, I don't have the tenant's current contact information, how do I procede to try getting my money back? I understand that I can give this to a collection agency but they have no right collecting money without a judgement or proof of charges.

What steps do I need to take to resolve this problem? I don't know how to file a judgement or anything like that so I'll need "dumbed down" instructions on what to do.

Thanks in advance for any help.

 

[FarmerJ]

your county clerk of the court MIGHT be able to give you basic info like if small claims court can send a summons to the last known address. Other wise if they cannot /will not then you need to consult with a atty even if it is a small fee to learn how you can get this person served a summons. Tenant complaints at this point about any thing they think was wrong is pointless , they no longer live in the unit so even if you suceed in getting them into court they cannot use them as a excuse. If they attempt to do so they might be asked for proof , like letters they sent via certified mail giving you the chance to correct things. Use the links above to consult with a Atty then once you have more information you should be able to figure out how to proceed.

 

[frank53]

I'm so sorry for you, and I feel your pain.

I can't give you that kind of advice, but I'll tell you what I had to learn the hard way. Read and read your state's landlord tenant laws. Educate yourself by going to forums that are geared towards landlording like mrlandlord or thelpa so you can learn the ropes, make sure you screen thoroughly and never let a tenant get more than a few days behind before you serve a pay or quit and then commence eviction (use a lawyer - you will be bound to make mistakes at first, and it can cost you more time and money). Choose a lawyer who specializes in evictions in your county, too.

Good luck to you.

 

[Alaska landlord]

I'm so sorry for you, and I feel your pain.

I can't give you that kind of advice, but I'll tell you what I had to learn the hard way. Read and read your state's landlord tenant laws. Educate yourself by going to forums that are geared towards landlording like mrlandlord or thelpa so you can learn the ropes, make sure you screen thoroughly and never let a tenant get more than a few days behind before you serve a pay or quit and then commence eviction (use a lawyer - you will be bound to make mistakes at first, and it can cost you more time and money). Choose a lawyer who specializes in evictions in your county, too.

Good luck to you.

Good advice, but most landlords prefer to learn the hard way at first. They think it will save them money. They soon find that's not the case.

 

[frank53]

Good advice, but most landlords prefer to learn the hard way at first. They think it will save them money. They soon find that's not the case.

And some who don't really consider it a business because they were thrust into it are naive, not greedy.

By the time you have a professional tenant in your rental, which wouldn't happen if you knew how ridiculous the laws are and you had experience, you need to bite the bullet and pay an attorney who is experienced in evictions in the same court in which your case will be heard. Don't just call up some lawyer out of the phone book - go to the court in which your case would be heard, sit in on a few real eviction hearings and take a couple of cards from the attorneys who are there representing landlords evicting people. That way you can get a feel for how the process goes, as well as actually seeing your future lawyer in action.