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Updated over 6 years ago on . Most recent reply

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17
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Mark McQuiston
  • Real Estate Investor
  • Chicago, IL
0
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17
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Small Claims Complaint

Mark McQuiston
  • Real Estate Investor
  • Chicago, IL
Posted

Hi all,

I'm working through a situation in which my tenants unexpectedly moved out while they still owe 1.5 months rent ($2625). I have a security deposit for 1 months rent, but they did not leave the home in great condition (minor damage to drywall, did not re-paint rooms they painted upon moving in, furniture left behind).

I'm looking for recommendations on how to handle this situation. Do I consider filing a small claims complaint? Other than the time and money I'll have to invest to take them to court, are there other risks (i.e. counter-suing) I should consider?

Thanks in advance,

Mark

Most Popular Reply

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953
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908
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Peter M.
  • Rental Property Investor
  • DFW, TX
908
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953
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Peter M.
  • Rental Property Investor
  • DFW, TX
Replied

If you go to small claims court and get a judgement in your favor you will likely never collect it. Best you could do is file it with the county with the property records. If they go to sell a house in the future it will come up on a title check and cloud title. You would then only sign a release of lien when they pay you the judgement amount but it could be years if ever you get the money. It also depends on the state laws regarding creditors. If they file bankruptcy it gets wiped out. 

You also need to be careful about what constitutes abandonment in Chicago. Since they left furniture behind they could claim they didn't actually move out and you unlawfully took possession. So yes a counter suit is a possibility. Follow your property code to CYA. Make sure you attempt to contact them regarding the deposit and what they owe. In some places if you don't give the proper notice your case will be thrown out. You got the unit back in decent condition without going through the eviction process, that's a win in my book.

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