Whether a tenant damages their unit or doesn’t pay rent on time, there are many reasons why landlords may be forced to start the eviction process. There are, however, several challenges that must be overcome to ensure the eviction can be handled without issue.
For example, landlords must collect unpaid rent following an eviction. Tenants who have recently been convicted aren’t always willing to pay. In this situation, the landlord may be tasked with following legal procedures to ensure they receive the unpaid rent they’re owed.
By adhering to the correct legal procedures, you should be able to maximize your recovery. The following is a step-by-step guide on the rent collection post eviction process.
The first thing you need to do after evicting a tenant is make sure they have moved out. There are numerous signs that indicate a tenant is no longer residing at the property even before their lease is finished. If you open the unit and find that it’s empty, the tenant has likely moved out for good.
If their mailbox is overflowing with mail, the tenant likely no longer lives there. The same is true if the utilities in the unit have been shut off. If you enter the apartment and find that there’s a considerable amount of property damage, the tenant may not live there anymore.
Keep in mind, however, that these indicators aren’t always accurate. If the tenant’s car is still parked in the lot but no one enters or leaves the unit, they could be on a lengthy business trip or vacation.
Tenants may also leave behind some or all of their belongings when they move out of the unit, which might make it more difficult for you to determine if it’s vacant. Consider calling the tenant directly. You must confirm the tenant’s status before you proceed with rent collection.
Now it’s time to review the lease agreement to identify the terms that explain what to do with unpaid rent and security deposits. The lease might allow you to use the tenant’s security deposit to cover the unpaid rent.
However, state laws determine how security deposits can be used, which is why you should check your local landlord-tenant laws before taking the next step. If the lease doesn’t include a provision that allows you to collect rent from security deposits, use other legal collection methods.
The next step in this process involves sending an unpaid rent notice to the tenant, which you should do through certified mail. Make sure this notice includes the total amount of rent that the tenant owes as well as the due date. The tenant must be given a deadline for when payment needs to be made. It’s also essential that you emphasize the potential for legal consequences if the debt isn’t settled.
Before you mail out the notice, make a copy for your records. While it’s possible to hand-deliver this notice, it’s not the most practical option. If you choose to hand-deliver it, make sure you obtain a signature from the individual.
If the tenant doesn’t properly respond to the notice, you can file a small claims complaint. This option allows you to legally seek compensation without needing to involve an attorney. To file this claim, you’ll need to fill out some paperwork and pay a small filing fee.
The documents you file with the court should include details of the case as well as the amount of money that’s owed. After filing the complaint, you must provide the tenant with the instructions that the small claims court has made.
After the tenant receives these instructions, they’ll have some time to respond. If a response isn’t filed, the tenant will be held in default, which means that the court might automatically enter a judgment against them.
When the tenant ends up filing a response, the remainder of the case will likely take place in a court hearing. During this hearing, you’ll need to present your evidence and make an argument to the judge. After the judge hears arguments from both sides, they will make a decision. If the tenant chooses not to pay the judgment, you can take additional steps to collect it, such as garnishing wages.
There are several legal collection methods available to you, which include everything from bank levy to wage garnishment. You can use a Writ of Execution that’s issued by the court to collect money from the tenant’s bank account or wages, which makes it possible for you to get back everything that you’re owed.
To complete this process, begin by filing the “Request for Court Judgment” document. You’ll also need to fill out the Declaration for Default Judgment by Court document, which is where you provide proof that the tenant owes you a specific amount of money.
If the court agrees with your request, they will issue a Writ of Execution, which is form EJ-130. This form must be provided to the sheriff, after which they will be able to obtain the money that your previous tenant owes. It’s a good idea to make a copy of every form that you fill out during this process.
Keep in mind that there are other enforcement actions at your disposal. Depending on where you live, you may be able to sell any personal belongings that the tenant left behind. You could also place a lien on the tenant’s property, which means that you’ll eventually be able to collect the money you’re owed if they sell the property. Consider hiring an attorney or collections agency if you’re unable to obtain the unpaid rent.
Eviction laws can be complicated, which is why it’s highly recommended that you seek legal guidance when you’re having difficulties. If you hire an experienced attorney, they may be able to obtain a judgment for the back rent that you’re owed. If the tenant also owes you for damage to the building, legal assistance may be necessary to ensure you recover the maximum amount.
There are several reasons why you should request help from a lawyer. For example, they will have experience with complex landlord-tenant situations, which means that they might know what your next step should be. Your attorney can also write a demand letter that you can send to the tenant. This letter prompts the tenant to pay all their outstanding rent to avoid legal repercussions.
If the tenant continues to avoid making the necessary payment, your attorney can file a lawsuit. During this process, make sure you maintain clear communication with the tenant. Every agreement between you and the tenant should be in writing. Because of the complexities of state eviction laws, obtaining rent following an eviction isn’t always straightforward.
Even though the costs associated with hiring an attorney can be high, it might be needed to collect the rent you’re owed. However, attorneys don’t have a 100% success rate, which is why it’s a good idea to weigh the benefits and costs before you hire one.
Collecting rent after an eviction can be time-consuming and frustrating. Your best option is to avoid this issue altogether. The easiest way to avoid unpaid rent is by doing your due diligence. Screen all potential tenants before you provide them with lease agreements.
Make sure that every tenant who rents from you is financially stable and has a history of making payments on time. You can check their employment history and obtain references to learn more about their character.
You must also perform regular property inspections and routine maintenance to identify problems before they worsen and cost you more money to fix. For example, let’s say that you notice a specific tenant isn’t properly cleaning their unit. If you don’t address the situation immediately, it could spiral and become a more significant problem.
You’ll also need to set clear expectations with tenants about rent collection and enforcement policies. If a tenant doesn’t make a payment on time, follow up with them immediately. If you wait too long, it will become more difficult for you to recover the unpaid rent.
Once you evict a tenant, you can attempt to collect unpaid rent by making sure that they’ve moved out, sending an unpaid rent notice, filing a small claim in court, and exploring legal collection methods. To ensure a smooth process and protect your rights as a landlord, review the lease agreement as well as the landlord-tenant laws in your state. Seek legal help and remain proactive to avoid future complications with unpaid rent.
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