How to Recoup Lost Rent After an Eviction
When a tenant and landlord enter into an agreement by signing a lease, the tenant assumes certain responsibilities, one of which is to pay the rent according to the lease terms. When the tenant fails to do so, the tenant can be legally removed from the premises through an eviction. The landlord then can use legal channels to collect the overdue rent, the cost of repairs to any damages made by the tenant to the premises and the legal costs involved in the eviction. Small claims court is the commonly used avenue for this process, since the presence of an attorney is not required.
Other People Are Reading
Instructions
-
-
1
Document all expenses that have been incurred to provide evidence of your claim. This includes evidence of lost rent and cost of efforts to collect the rent, such as notices sent via certified mail and copies of any legal bills you incur.
-
2
Take pictures of the empty premises showing any damage, garbage, dirt, and anything else that costs money to repair/replace. Obtain quotes on the cost to bring your rental unit back to a suitable condition for re-rental.
-
-
3
Prepare documentation with the name(s) and address of the person(s) involved in the dispute. Document efforts made to resolve the situation without having to resort to an eviction. Write a short statement of your claim. State the facts briefly and include all dates.
-
4
Contact the small claims court in your state. Every state has different requirements and different forms to fill out. Submit the appropriate form(s) to the court with the originals of your documentation and your payment.
-
5
Ask the court clerk for your case number. Find out, from the court clerk, how and when trial dates are set. Ask the court clerk how long it typically takes for your tenant to be served. Call the clerk at that time to confirm that your tenant has been served and make a note of the date the tenant was served. Verify the trial date with the court clerk.
-
6
Be prepared in court. Since you are the plaintiff, you must prove the facts that you have stated and establish why you should recover money from the defendant. Each piece of documentation that you present to the court help to support your claim.
-
1
Tips & Warnings
You must have a current personal or business address for your previous tenant.
Simply winning in small claims court does not mean you will get your money. Sometimes the tenant will pay immediately. If not, it may be necessary to go to court, again, to obtain a garnishment of wages or other means for you to receive your payment.
References
- Photo Credit apartment for rent image by dead_account from Fotolia.com
