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tenant who skipped

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M

maebis00

Guest
My tenant skipped out in Mar (of a 2 year lease that will not end until 1/2001). I filed a small claims suit to include 3/00 and 4/00 rent with the hopes I would have it rented by now. It's a condo in MD - and to date it's not yet rented, not for lack of trying - I hired a property management company to help. 1st court date set for July and I would like to know how I can recover 5/00 rent and future rents if I can not get this rented. Can I just keep filing small claims suits against this ex-tenant?

 


T

Tracey

Guest
Read your state's rules of civil procedure on joinder. They likely say that a party must bring all claims arising out of a particular breach at the same time. This is because courts don't have the time to hear the same case 7 times. Here the breach is skipping out. You'll only get one suit. You have 2 options: 1) voluntarily dismiss the current suit and refile when you've rented the place and know exactly what your damages are, or 2) amend your complaint to request rent/late fees/costs through July "or damages as proved in court." With number 2, you don't get rent past July, whether you have a new tenant or not.

You're going to need to present witnesses regarding why you haven't rented the place yet. Even if you can't get as much per month, after 2 months vacancy, you have to rent for whatever you can get and charge tenant the difference. Otherwise, the court will impute to you the rent that it thinks you should have collected and reduce your judgment accordingly.

Are you sure you want to be in small claims? Your damages could easily exceed the maximum award small claims can give you. Perhaps you should dismiss and refile in district court.

Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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