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Updated over 6 years ago on . Most recent reply

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Jonathan Dickerson
  • Rental Property Investor
  • Aurora, CO
23
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Back Rent Collection From Vacated Tenants

Jonathan Dickerson
  • Rental Property Investor
  • Aurora, CO
Posted

Short version: 4 adults (family) rent our Townhouse on a 3-year lease. "Bob-The Son" gets hooked on heroin, vacates the property, returns to steal everyone else's stuff to pawn for drugs, gets arrested and goes to jail. "Susie-The Daughter" vacates the lease a year early because she's 'so over' all the drug drama (but does not communicate with me that she's left). Remaining 2, "Carol and Jim-Mom & Dad," are unable to afford the place on their own (both on disability) and need to leave. 

Not counting late fees, they owe $4k in rent from May-July. Their plan is to move out now and repay the missing funds after they receive a settlement from a slip-and-fall they had after the HOA didn't properly maintain the parking lot which turned into an ice rink last January.

I'm trying not to gouge anyone going through a REALLY rough time, but what is the process for collecting the back rent from Mom & Dad and/or The Daughter? What's the process for making it known that The Daughter vacated the property early? Is this a small claims court issue or something else?

Any/all thoughts guidance and professional recommendations are welcome. Happy Monday!

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Aaron K.
  • Specialist
  • Riverside, CA
3,800
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Aaron K.
  • Specialist
  • Riverside, CA
Replied

If they are willing to pay back rent at all you are lucky, getting them to sign some sort of promissory note would probably be your best bet, but talk to a lawyer.  Most landlords would have started the eviction process the first time they didn't pay, because most of the time after a tenant vacates the property the landlord isn't getting anything.

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