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I have tenants that moved out 3 months after renting a home i own.
I know now that they are scammers. I can take them to small claims for 5000 but then what the court said if i win i have to put judgement against them can i garnish wages for this type of debt?? what are my rights as a landlord,
Sort of need more details. Did they pay 3 months' rent, then move. Was there a lease? Any damages? Most of my tenants would make my life better if they moved out in 3 months. You may be considered lucky. Can you reiterate with details. We love to help.
Is your question about whether to go to court or how to collect a judgement? On the first one, you'd have to determine what you might win. In most states, a residential landlord is required to look for a new lessee when a tenant needs to leave. By the time your case got to court, you might have relet the premise and only be awarded a month's rent or so. Subtract court fees out of this amount. And yes, a judgement is separate from collection. Ask your small claims court how collections are handled: garnishment, liquidation of assets, etc. You might even have to hire a collections agency which will want a percentage. Estimate what you stand to gain in total by going to court. Be sure to factor your time.
Yes, you can garnish wages, but as I understand, that is a rather difficult process.
Nolo Press has a couple books you might want to check out - one on landlord rights, and one on small claims. The small claims one explains a lot of the options you have available for collecting on a judgement.
If you're a new landlord, now you know that it's not a piece of cake. A good lease is important, and if you had got the usual first, last and one month's security in advance you wouldn't be out anything. You've come to an excellent forum which can teach you all the basics but in this case it's probably not worth chasing these people. Just learn from the experience. Cheers!
Sounds like they are professional flakes, and probably untouchable.
Get a judgement and then try to collect. it's almost impossible. More time, trouble and money, and mental stress on your part than it's worth.
Best advice is as stated above, learn from this and next time have an airtight lease and plenty of money up front.
Everywhere I've lived in the US, as both landlord and tenant at various times over many years and where both commercial and residential lease agreements are concerned, first month's rent, last month's rent and one month security deposit has been the norm and I do believe this is quite universally usual. Cheers!
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