Landlord questions (lease, tenant, eviction, deposit)

[wst0209a]

Hello, first post here. I am a landlord and rent out a condo to a couple. The rent is due the first of every month. They did not pay for the month of August and I filed a failure to pay rent form (DC/CV 82). We went to court today and the judge said they must pay the full rent by Sept. 5, if they don't we can file a warrant of restitution. Now my question is what if they don't pay on Sept. 1? Do I file another failure to pay rent form or do I wait until the 5th and just fill out the warrant of restitution? I am curious because they will be living in the condo for those 5 days plus however long it take to put the warrant of restitution in play. Can I request a money judgement to ensure I get paid for august and the time the live there in September? Also, the one tenant of the couple no longer has a key to the condo and none of her stuff is in the place and the court knows this, if I do file another failure to pay rent do I put her name on it or just his? Is she considered to be on the lease any more or no? Any advice would be greatly appreciated to relieve my headaches from this. Thank you in advance.

[ShaneSA]

Anything addressed to the tenant by names...all persons on the lease..... should include "and all others in possession" That covers anyone else living there as family or guest or squatter. Check the web site for your state statutes on filing another failure to pay form. As a LL, I doubt you will get the money for August or September. I'm only speaking from experience. They will probably use the 5 days in September to stay and leave when you file a warrent of restitution. Mark it off to experience and know you have the deposit to make up some losses. Don't spend any money or time in chasing them to make them pay. It won;t happen, even if you get a judgement against them, they won't pay. It's an exercise in futility to chase them and hope to get money.
I'm speaking from my own experience. I only have knowledge of Texas statutes, so check your state's and see if there is a better alternative.

[wst0209a]

Bump.. anyone else have any input. This is for MD by the way.

[ajzjmsmom]

I would think if her name is on the lease she is equally responsible.

[austin-steve]

First, congradulations on taking quick and immediate action following non-payment of rent.

Your process sounds a bit different that Texas. In Texas, the eviction hearing simply establishes possession and rent owed. Then the tenant has 5 days to either move out or appeal (which requires them to post bond for 2x the amount owed, so they rarely appeal).

I think most of your questions would have to be answered by someone familiar with your local process, but in general, always do the next possible step immediately and always name all parties (it gives you more people to go after for payment later).

Finally, in Texas, after a tenant is out, we can go back to court and file an "abstract of judgment". This causes the dollar amount of the judgement to get picked up my the credit companies and ensures that the judgement will appear on the tenant's credit reports. This is the most likely method of being repaid someday. I've had tenants come back 3 to 5 years later and pay off the amount owed because the judgement was preventing them from purchasing a home. So make sure you do that. It also let's other landlords see the default when they pull credit.

Steve

[tony23]

I'm just curious what reasons you have for not retaining an attorney to help you deal with this matter.

[wst0209a]

not that important. If I can settle it myself that would be great. I don't think that $1800 is worth getting an attorney to do what I can.