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Old 01-26-2011, 07:58 PM
 
Location: Arkansas
3 posts, read 4,766 times
Reputation: 10

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Have you ever had to take your tenant / roommate or ex-tenant / ex-roommate or landlord to court? What are some reason that they can be taken to court? What was the out come?
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Old 01-27-2011, 12:41 PM
 
3,939 posts, read 8,945,034 times
Reputation: 1516
I am currently involved in a case with my ex-LL due to constructive eviction/him withholding my deposit with no reason. I had my date last week, but he adjourned and our new date is 3 months away. Can't answer on the outcome, but from what I am told, I have a really solid case.. but the hardest part is actually collecting on judgements.
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Old 01-27-2011, 03:44 PM
 
Location: Boise, ID
8,046 posts, read 28,369,372 times
Reputation: 9470
We have taken multiple tenants to court over the years.

We have taken them to court for an eviction, and to collect money, both from unpaid rent and from damage done to the unit.

We have only been able to actually collect ANY of that money in two cases. Collecting is definitely the hard part. A change of jobs throws a wrench in the garnishment process, and a bankruptcy makes it pretty much impossible.
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Old 01-27-2011, 05:18 PM
 
2,687 posts, read 7,385,541 times
Reputation: 4212
Exclamation Not yet...

But I'm preparing to haul my ex LL off to court for 'maliciously retaining' our security deposit. They had 14 days to either provide cause for retaining it or to refund it. They could be found liable for 3x the deposit amount. I am so sick of sleazy and holier-than-thou LL's who think they know all the answers.
Koale
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Old 01-27-2011, 06:15 PM
 
4,536 posts, read 10,584,655 times
Reputation: 4068
Just tennants for eviction. If they can't pay rent, a judgement is worthless.
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Old 01-27-2011, 06:27 PM
 
Location: Austin, TX
16,787 posts, read 48,853,786 times
Reputation: 9477
I'm currently looking into taking a previous tenant to small claims court because they moved out a month early on the lease with no notice and refused to pay that last month's rent. I was not able to find a tenant for the property until 2 months later, so they owe me for 2 months rent plus damages to the property that exceeded their security deposit. I expect to get a judgement in my favor and may not be able to collect on it, but the judgement will allow me to put this on their credit report, where it will remain for at least 10 years if they do not compensate me for the damages.

A judgement is not worthless, it can stay on their credit report for 10 years, and cost them every time they apply for a loan, credit card, or a new lease somewhere else.
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Old 01-27-2011, 07:19 PM
 
4,399 posts, read 10,632,776 times
Reputation: 2383
Quote:
Originally Posted by CptnRn View Post
I'm currently looking into taking a previous tenant to small claims court because . moved out a month early on the lease with no notice and refused to pay that last month's rent. I was not able to find a tenant for the property until 2 months later, so they owe me for 2 months rent plus damages to the property that exceeded their security deposit. I expect to get a judgement in my favor and may not be able to collect on it, but the judgement will allow me to put this on their credit report, where it will remain for at least 10 years if they do not compensate me for the damages.

A judgement is not worthless, it can stay on their credit report for 10 years, and cost them every time they apply for a loan, credit card, or a new lease somewhere else.
If they skipped on 1 months left on a lease then they owe you for 1 month
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Old 01-27-2011, 10:26 PM
 
7,567 posts, read 8,602,374 times
Reputation: 4433
Quote:
Originally Posted by CptnRn View Post
and refused to pay that last month's rent.
Was there anything you could have done about it when they didn't pay last month's rent? e.g. did you have their security deposit?
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Old 01-28-2011, 02:28 PM
 
27,206 posts, read 46,553,733 times
Reputation: 15661
Evictions and damages for tenants who left the place in distress.

Even if I never collect any money I know they will have a hard time getting a new decent place or a loan......That makes my day brighter and worth the money I had to spent in court.
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Old 01-28-2011, 02:37 PM
 
14,780 posts, read 43,497,497 times
Reputation: 14621
All I know is that if you are the landlord suing the tenant you really need to have your ducks in a row. Most laws favor the tenant. Also, as others have said, just getting the judgement is easier than actually getting the money.
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