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Updated about 5 years ago on . Most recent reply
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Tenant Abandoned Unit - What Type of Lawsuit for Unpaid Rent?
This is in Missouri. One of my tenants stopped paying rent in October. He then called me in mid-November and said he had moved back home with his parents, and he would no longer need to rent the unit. His lease runs through February 2020, and I have a 2-month lease-break fee. His father also co-signed the lease.
I have posted and mailed the required legal notice that the apartment is considered to be abandoned. The 10-day waiting period will finish on Monday, so I want to get things rolling. I already have a bid lined up to remove all of the property in the unit (nothing valuable - mostly worn out furniture). I will also be taking plenty of pictures and changing out the locks. I'm working on a listing to get the place filled after I remove the property and clean it out.
At this point, he owes rent for October and November and has completely stopped responding to my requests for payment. I understand that I'm allowed to continue to charge rent until a new tenant moves in, as long as I'm making a "good faith effort" to find a new tenant. My questions is what kind of lawsuit do I need to file to recover the unpaid rent, late fees, and expenses for removal of his property? Can I also go after the 2-month lease break fee? This will likely exceed the $3,000 threshold for small claims.
Thanks for any advice!
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- Rental Property Investor
- Erie, pa
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No lawsuit -Forgot about it and move on