Tenant abandoned property - how to get judgement?

[rellim99]

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

Tenant went AWOL for some time without paying rent. Ignored emails, phone calls, etc. Finally, after too long (my bad), I sent 5 day notice or quit. Upon receipt, tenant emailed right away stating that they essentially packed up and left (didn't indicate when and didn't indicate any forwarding address, etc.) They have cancelled all utilities and took all belongings (at least that I can tell - have yet to enter property) and even took the keys.

So to cover my bases, I have served official Notice of Abandonment and awaiting 5 day requirement per AZ law. I'll be able to retake property and re-rent as soon as possible, which if I read correctly, will also inherently terminate the lease.

http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/Residential.pdf

Security Deposits aren't enough to cover overdue rent, late fees, and a few other small things (soon to be re-keying the entire house, upcoming legal fees, etc.)

Question is - how do I go after my money? (and assess if it's even worth going after) They will have abandoned the property and I'll have possession of property and a terminated lease. There's so much stuff out there about Evictions and Special Detainer Lawsuits. The issue is, I don't need to evict. Does it just turn into a Civil or Small Claims case? Is such a case surrounding Tenants & Landlords handled any differently than a regular Small Claims case?

Thanks!

 

[Gail in Georgia]

Do you know where these tenants now reside/work so that they can be served in the event you decide to go through with a lawsuit?

Gail

 

[Searchertwin]

Tenant went AWOL for some time without paying rent. Ignored emails, phone calls, etc. Finally, after too long (my bad), I sent 5 day notice or quit.

Upon receipt, tenant emailed right

Step one: You already sent the notice and upon receipt they replied.
You proven that you alerted them with receipt.
Their response by email shows they acknowledge, which I don't like email response
Keep both for court

Step two: You already did in the following:

So to cover my bases, I have served official Notice of Abandonment and awaiting 5 day requirement per AZ law.

Step three: You should send an statement once you found out the last day they were there, to cover your time frame of sending a itemized list of deductions from their deposit or they can come back after you for the full deposit plus. Usually within 30 days. So cover yourself.
Indicate the money amount that it cost you to pack, clean, rent lost, repairs and pick-up, again in a crr letter to the tenant, if address is not known, than send to last address, your house they rented, and see if they respond to amount before going to court.
Let them know you have pictures of the condition of house and belongings.

Question is - how do I go after my money?

Small claims court if it comes down to that. You go and file the proper paperwork at courthouse like everything else. Just inform clerk what you are seeking.

 

[rellim99]

Do you know where these tenants now reside/work so that they can be served in the event you decide to go through with a lawsuit?
Gail

No, I do not. I'm led to believe it is out of state by the email that was sent, though wasn't exact.

Originally, I had everything: 1) physical address of both (the home) 2) email addresses for both 3) phone numbers for both and 4) employment (phone and location)

They have since completely abandoned 1) 3) and 4). (Of one alternate phone number, there is no VM greeting so not sure if it's them and i'm only left with leaving voicemails. I only found out that they finally 'are' reading email by one of the two responding.

In the notice to pay letter/email, I asked for contact info update, but they have failed to respond.

Thanks

 

[rellim99]

Step one: You already sent the notice and upon receipt they replied.
You proven that you alerted them with receipt.
Their response by email shows they acknowledge, which I don't like email response
Keep both for court

Step two: You already did in the following:

Thank you! Yes, i'm in middle of Step 2 right now. And yes, I have copies and records of everything.

Step three: You should send an statement once you found out the last day they were there, to cover your time frame of sending a itemized list of deductions from their deposit or they can come back after you for the full deposit plus. Usually within 30 days. So cover yourself.
Indicate the money amount that it cost you to pack, clean, rent lost, repairs and pick-up, again in a crr letter to the tenant, if address is not known, than send to last address, your house they rented, and see if they respond to amount before going to court.
Let them know you have pictures of the condition of house and belongings.

Honestly, I don't even know their last day at the property. I assume a few weeks back. Utilities Co can only confirm that power was disconnected, but not when.

Also, their Security Deposit doesn't even cover the late rent so there is nothing for them to come after (also probably the reason they've been AWOL).

So, I won't know final statement until I get through reclaiming property, inspection, turning it over, etc. I currently can't enter property until 5 days abandonment is up. In my original 5 Day Notice, I merely listed past due rent + late fees. Now we're onto abandonment.

Then, If I read the law right, the existing lease remains in effect UNTIL I re-rent it, meaning I could go after the entire time it remains un-rented up until expiration of their lease. (And once claimed as "abandoned" - the only way they can reinstate the lease is to pay up in full whatever is owed at the time.)

Small claims court if it comes down to that. You go and file the proper paperwork at courthouse like everything else. Just inform clerk what you are seeking.

That's what I figured. Once it's all over and re-rented, settled, then I'll know what the final 'owed' amount is and decide if going to court is worth it.

 

[Searchertwin]

Honestly, I don't even know their last day at the property.

The last day is when YOU noted they were not there. That's when you sent the notice. Make sure you send an itemized list within 30 days of that time you knew place was empty. To cover yourself, I would send a crr letter, stating that the deposit will be return from the day you noticed, fill date in, within 30 days according to state law with an itemized list of damages. If they dispute, let them say something, if date is different you go from there.

Also, their Security Deposit doesn't even cover the late rent so there is nothing for them to come after

It still is a deposit that can be used till it hits "0" and than you start asking for the total of deductions that you have.

Then, If I read the law right, the existing lease remains in effect UNTIL I re-rent it, meaning I could go after the entire time it remains un-rented up until expiration of their lease.

Correct, but you have to try and rent the place, you just can't let it sit and ride till lease ends.

Take care.

 

[rellim99]

So I have officially been able to reclaim my property. Have it re-posted now, will be getting it re-keyed to gain access, etc. Trying to re-rent is ASAP. (I have no intention of sitting on it to rack up charges against them)

Question is, can I sue them in Small Claims court if I don't have any record of their whereabouts? I only have an email address that they last responded from. The only cell phone goes unanswered with a blank VM greeting. Doesn't someone have to be officially 'served' to be sued?

I was wondering if going an official eviction route would work instead? The way I was reading some of the law, and after quickly speaking with an attorney, it seemed like I could get a judgement by filing and proceeding with the eviction process (The issue though, that I technically don't need to evict.)

I don't want to reclaim/re-rent the process to later find out that I had to do an eviction to get a judgement.

 

[Gail in Georgia]

"Doesn't someone have to be officially 'served' to be sued?"

Yes

"I was wondering if going an official eviction route would work instead? The way I was reading some of the law, and after quickly speaking with an attorney, it seemed like I could get a judgement by filing and proceeding with the eviction process."


Going the eviction route often opens the door to also getting a judgement for owed fees/damages. However, the person who is being sued has the right to be served notice that a lawsuit has been filed against them.

Since you do not know where they now reside, simply getting an eviction against them will be a waste of your time and filing money.

It may be better to cut your losses and spend the energy getting the unit ready to rerent.

Gail

 

[rellim99]

Thanks Gail!

Going the eviction route often opens the door to also getting a judgement for owed fees/damages. However, the person who is being sued has the right to be served notice that a lawsuit has been filed against them.

Gail

Of course they have "the right" to be served, but do they actually have to be served for me to proceed? It appears that the Eviction process may be different than Small Claims process in that one doesn't require being actually served (but all necessary steps taken to notify them of pending eviction, etc.)

Since you do not know where they now reside, simply getting an eviction against them will be a waste of your time and filing money.
Gail

But not if an eviction (versus Small Claims, where being served is required) will increase my chances of getting a judgement. (I'd be close to saying 'guaranteeing my chances' if it gets in front of a judge.)

It may be better to cut your losses and spend the energy getting the unit ready to rerent.

Gail

I've already taken the steps to get it re-rented and should do so in short time. This is simply research to find out what, if any, options I have to go after what I'm owed. (And it will be anywhere between $2-3k)

So let's say it just goes to bed . . . where are all of the LL's rights in this case? How can people just abandon property after quitting to pay rent and just disappear without any recourse? Sorry, but WTF? And it's not as much about the money as it would be to actually get a judgement to show up on their Credit . . . to protect other LLs and Creditors against these scum.

 

[FarmerJ]

What I would say you want to learn is if small claims court summons are served the same way a summmons is served for a non paying tenant and to learn what if any methods of substitute service are allowed. If they have to be personally served you might not find them again for years. You might be better off creating detailed photo and note based records of the condition of the unit and the cost to restore it. Then at a later date if you learn where they are and are still with in a time line to sue in small claims your free to decide all over again if you want to sue them .

 

[Gail in Georgia]

"Of course they have "the right" to be served, but do they actually have to be served for me to proceed?

(Sigh) Yes. What, exactly, does a legal "right" mean to you? Review the attached steps for filing a lawsuit in Arizona:

Untitled Document

Notice all forms have to include the defendants name AND address and they must be served, either through the mail or by a process server. "The right" to be served means that the person being sued is aware of this lawsuit and has the right to respond to it if they wish.

If they cannot be found to be served, the lawsuit will not go forward.

EVERY person who is being sued has the legal right to defend themselves in court. In order to do so, they must be notified that a lawsuit has been filed against them and if they respond to such notice, when the court hearing will take place.


It appears that the Eviction process may be different than Small Claims process in that one doesn't require being actually served (but all necessary steps taken to notify them of pending eviction, etc.)"

This is untrue. In a forcible detainer in Arizona, the tenant must also be served notice regarding this matter. The difference is that an eviction case, the landlord is, of course, aware of where the tenant is residing:

Arizona Landlord Tenant Law - Evictions



"So let's say it just goes to bed . . . where are all of the LL's rights in this case? How can people just abandon property after quitting to pay rent and just disappear without any recourse? Sorry, but WTF? And it's not as much about the money as it would be to actually get a judgement to show up on their Credit . . . to protect other LLs and Creditors against these scum."


Your rights are to continue monitoring where this tenant might be and you have the ability to file a lawsuit within the attached statute of limitations should you find where they are now living. Statute of limitations in Arizona is 3 years if the lease was oral and 6 if written.

Gail

 

[John_DFW]

The most recent emails will include at least some very limited information regarding the former tenants location. This may at least narrow down to what state, and possibly city they are in.

You may have to change settings in your email to see this full header information, and will just be something that looks like an ip number.