[Clarkcty]

Originally Posted by clutchcargo777

Regardless of what you get them to sign, you still have to comply with Nevada law.

The problem is, most people don't know their rights, so you will mostly get away with it. Watch out for the one that does know the law though.

Of course there will be back up papers, receipts, labor......

[clutchcargo777]

Originally Posted by Clarkcty

Of course there will be back up papers, receipts, labor......

But will the tenant be notified and offered a chance to either pay or dispute before it is sent to collections?

That is my point. You have to be careful with illegally trashing someones credit. If it's not done properly, all the person has to do is apply for credit, say a mortgage or a car re-fi. If he gets denied because there is a bogus collection on his reports, he can sue you for actual damages.

[Dale Cooper]

Originally Posted by jlawrence01

Before you go through the effort of suing the individuals, make sure that they have something to recover. You can get a judgment for the damages BUT getting the money collected is a completely different thing.

Too bad more people don't realize that simple fact. I get so tired of people saying so-and-so should sue over this-and-that. Even if you win, collecting is an entirely different matter.

[Throckmorton P. Ruddigore]

Always pursue destructive tenants to the fullest extent. You may not recover any money, but you will make sure the record of what they did follows them. Your destructive tenants were likely some other landlord's destructive tenants before, but he couldn't be bothered filing a report, so it didn't show up on your background check. Don't be that complicit landlord.

[NLVgal]

Originally Posted by Throckmorton P. Ruddigore

Always pursue destructive tenants to the fullest extent. You may not recover any money, but you will make sure the record of what they did follows them. Your destructive tenants were likely some other landlord's destructive tenants before, but he couldn't be bothered filing a report, so it didn't show up on your background check. Don't be that complicit landlord.

I guess that's similar to the crime victim who goes through the legal process to make sure it doesn't happen to someone else.

[Clarkcty]

Originally Posted by clutchcargo777

But will the tenant be notified and offered a chance to either pay or dispute before it is sent to collections?

That is my point. You have to be careful with illegally trashing someones credit. If it's not done properly, all the person has to do is apply for credit, say a mortgage or a car re-fi. If he gets denied because there is a bogus collection on his reports, he can sue you for actual damages.

They bailed out and owe money so the only way to track them down is through the collection agency. There is a reason why they bail out and many really don't care what state the unit is in once they leave.

[ddrhazy]

Originally Posted by clutchcargo777

Regardless of what you get them to sign, you still have to comply with Nevada law.

The problem is, most people don't know their rights, so you will mostly get away with it. Watch out for the one that does know the law though.

A collection agency can send a demand letter, but to damage your credit they would need to obtain a judgment.

[Clarkcty]

Originally Posted by ddrhazy

A collection agency can send a demand letter, but to damage your credit they would need to obtain a judgment.

The fact that it is in a collection agency is enough to warn future landlord of the tenant wishing to reside in their property.

[clutchcargo777]

Nevada law still requires you give them a chance to dispute it before you send it to collections. Once they dispute it, you can't send it to collections until you get a judgement. Skipping the notification step so that you can go straight to collections is illegal.

I understand the frustration with destructive/deadbeat tenants, but not all landlords are honest and above board either. These laws are put it place to keep them in check. If everything you are going after is legit, taking the necessary legal steps should be no problem.

[Packrat1]

Clutchcargo777 is correct, there needs to be checks and balances between tenants and Landlords.

One thing to remember the court doesn't just listen to the landlord, the tenant if they choose, gets to speak too. The landlord will have to answer for things they did not do like not fix the water heater or furnace promptly, shut off the water/power, ect all of which are illegal.

I know of one case in another state where the landlord shut off the power and water to a non paying tenant before eviction. In the end the court charged the landlord a $100 a day penalty for every day the water and power was off which wiped out the amount the tenant owed. Additionally, the tenant's attorney (free to tenant) was able to get the court to expunge the eviction from the tenant's record. So landlords need to make sure they have been following the law themselves.

With all due respect to the OP, if he was running his budget so tight that he didn't have enough money to sue the tenant I am wondering if all the necessary repairs/maintenance to the rental home were completed promptly during the tenant's occupancy. Remember tenants or landlords can counter sue.