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Updated over 5 years ago on . Most recent reply

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Curtis Maag
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Tenant vacated instead of getting eviction

Curtis Maag
Posted

OH. Tenant didn't pay. After filing eviction (as LLC), they agreed to move out the day before hearing, signing agreement and turned over apt and keys. Lawyer dismissed the case the next morning at hearing, so not formally evicted.

What recourse do I have?  Are they still on the line for any remaining rent, which in the lease says the are responsible for if they leave?  They also left a lot of garbage and furniture in the house that required $350 to have removed.  Can I legally pursue compensation for this and if so, how?   Thank you for insight!

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Marcia Maynard
  • Investor
  • Vancouver, WA
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Marcia Maynard
  • Investor
  • Vancouver, WA
Replied

At termination of tenancy, do a final report accounting for all money still due to you. Be sure to contact the utilities to make sure they are paid to date.

Categories: Unpaid Rent, Unpaid Utilities, Unpaid Fees, Missing Items, Damages, Trash Removal, Extra Cleaning

Send a "demand letter" to the ex-tenant at their last know address (which may be the one they vacated) with an itemization of what they owe and a due date. Send the letter by USPS First Class mail with "Address Correction Requested" stamped (or written) on the outside of the envelope. If the tenant has notified the post office of their new address, the post office will forward the letter and notify you of the new address. You can also choose to send it "Certified" to track it's delivery, but don't ask for "Restricted Delivery" which requires signature by the recipient, because you would likely not get the signature and the letter wouldn't get opened.

Make three attempts to contact the tenant. No response? Turn it over to a collection agency. You're still not likely to receive money, but it may show up as a negative on their credit report at some point. You also would join the line of creditors.  If the amount is significant enough to take to small claims, and worth the effort, that is another way to go. If you get a judgement in your favor, you still may not be able to collect, but it will make if easier for the collection agency to pursue.

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