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Eviction/ small claims court.
Posted on 7/17/12 at 3:25 pm
Posted on 7/17/12 at 3:25 pm
Is it worth taking a tenant to small claims court?
I have an eviction hearing for a tenant on Thursday, im sure they wont show and will be forced out Friday The property is located in Livingston Parish. They owe two months rent plus damages. Is small claims court an option?
They signed a lease for 12 months and this is month 4 of the lease.
How can I hold them accountable for the money owed?
On a standard lease, do they owe the full lease(12 months) or is that voided because of the eviction?
I have an eviction hearing for a tenant on Thursday, im sure they wont show and will be forced out Friday The property is located in Livingston Parish. They owe two months rent plus damages. Is small claims court an option?
They signed a lease for 12 months and this is month 4 of the lease.
How can I hold them accountable for the money owed?
On a standard lease, do they owe the full lease(12 months) or is that voided because of the eviction?
8
Posted on 7/17/12 at 4:05 pm to Walkertiger
quote:
On a standard lease, do they owe the full lease(12 months) or is that voided because of the eviction?
Ask different persons and you get different answers.
Some say when you evict, your remedy is eviction+termination of the lease OR acceleration of the entire lease (if your lease has such a clause). If you have an acceleration clause, your lease is terminated and you cannot sue for the entire lease, only what is past due at the time you file your eviction action.
I've heard others say that if you call it liquidated damages specifically for breaching the contract, you can recover it even after you evict.
As far as the past due rent claim, I would say it depends on your knowledge of their income/assets. If they have a steady job you think they will keep, and if they are not currently being garnished by anyone else, you might take a stab at it.
This post was edited on 7/17/12 at 4:06 pm
Posted on 7/17/12 at 4:06 pm to Walkertiger
It's pretty difficult to get money out of them for the months remaining on the lease, especially if you rent it out in the next 8 months. How many months out of the 4 have they missed? If you have a late fee policy in the lease, you can try to get the rent owed plus late fees in small claims court. You probably won't get paid even if the judge rules in your favor though.
Posted on 7/17/12 at 4:32 pm to Walkertiger
quote:
Ask different persons and you get different answers.
Remember all the details when you were showing the place etc. and hope those details help you avoid trash like that in the future.
Posted on 7/17/12 at 4:45 pm to Walkertiger
Seize all their shite in the apartment. That will teach them to frick with you.
Posted on 7/17/12 at 5:58 pm to Walkertiger
If you want them to actually leave the property, and they won't do it on their own, you will need to go to court to get the judge to evict them.
I don't know about where you are but in Texas you can also obtain a judgment for all back rent due (but not for an acceleration clause) at the time you seek eviction and repossession of the house.
Of course, collection will probably never happen. So cut your losses and get tenants in there who will pay.
I don't know about where you are but in Texas you can also obtain a judgment for all back rent due (but not for an acceleration clause) at the time you seek eviction and repossession of the house.
Of course, collection will probably never happen. So cut your losses and get tenants in there who will pay.
Posted on 7/17/12 at 6:03 pm to Walkertiger
I'm in small claims courts all the time doing other stuff.
I sometimes come around "eviction day" which is usually Tuesday and Thursday morning.
Lots of folks, every week, getting and doing evicting. Some folks have proceedings against them all the time, and pay every time. With court costs and penalties they end up paying 15 months of rent a year, every year, instead of just paying their rent on time. Its crazy.
I sometimes come around "eviction day" which is usually Tuesday and Thursday morning.
Lots of folks, every week, getting and doing evicting. Some folks have proceedings against them all the time, and pay every time. With court costs and penalties they end up paying 15 months of rent a year, every year, instead of just paying their rent on time. Its crazy.
Posted on 7/17/12 at 6:23 pm to Teddy Ruxpin
Very interested in this thread as we just served our renter an eviction notice. Now we have to wait 7 days for her to respond. It is sad how slow our justice system works and that the hard working landlords have to "pay" for these people to live on their property until they can finally get them kicked out.
Posted on 7/17/12 at 7:43 pm to reb13
quote:
Very interested in this thread as we just served our renter an eviction notice. Now we have to wait 7 days for her to respond. It is sad how slow our justice system works and that the hard working landlords have to "pay" for these people to live on their property until they can finally get them kicked out.
I do my fair share of eviction/collection work. The delays are there for a reason. They suck, but no one has proposed a better system yet.
Posted on 7/17/12 at 7:54 pm to rmc
quote:
They suck, but no one has proposed a better system yet.
I propose that if the tenant tells you "get off my property, I have rights" when they haven't paid rent, that you can drag them to the street beat their arse and throw their shite on the side of the road...
Posted on 7/17/12 at 8:07 pm to Walkertiger
quote:
The property is located in Livingston Parish.
That's your problem right there.
Posted on 7/17/12 at 9:57 pm to rmc
quote:
I do my fair share of eviction/collection work.
I do collection work too. I am strangely loving it.
Its not nearly as awkward as the state my company is based out of. There, they meet all the debtors face to face all the time. Mine are all nameless faces besides the 1% who want a "trial." And that is in the judge's office. Very comfortable and informal. Great gig.
Experiences may differ. Don't you have your own practice?
This post was edited on 7/17/12 at 9:59 pm
Posted on 7/18/12 at 12:01 am to Quidam65
In Livingston parish, the Justice of the Peace handles the eviction. The hearing is at their office/home.
I filed on Monday. Hearing is Thursday. If I win, they have 24 hours to get out.
If I go to small claims court, can I tack on the cost of the eviction and any fees associated with the court?
I filed on Monday. Hearing is Thursday. If I win, they have 24 hours to get out.
If I go to small claims court, can I tack on the cost of the eviction and any fees associated with the court?
Posted on 7/18/12 at 2:12 am to Walkertiger
The Justice of the Peace IS the small claims court where you live. Maybe I read that wrong and you already knew that
This post was edited on 7/18/12 at 2:31 am
Posted on 7/18/12 at 7:13 am to Teddy Ruxpin
quote:
Don't you have your own practice?
No, but I do work in a small firm. There is something about collection and foreclosure that I enjoy too. Namely, its a process that very rarely changes.
Posted on 7/18/12 at 12:11 pm to Walkertiger
These kind of stories make me leary about getting into buying rental property...
Posted on 7/18/12 at 1:48 pm to AngryBeavers
The first 12 month lease went fine. Paid on time and took care of things. I think the person lost their job. I tried to work with them for a few months into the new lease but it didnt work.
Posted on 7/19/12 at 12:23 am to Walkertiger
(no message)
This post was edited on 7/19/12 at 12:45 pm
Posted on 7/19/12 at 8:57 am to Silus Robertson
1 post?? Whose alter are you?
Posted on 7/19/12 at 9:14 am to Silus Robertson
Do you collect money also? I have a ex tenant that owes me about $2500, and called my long term house cleaner a half breed...
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