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Quote from @Corey G.:
Quote from @Sean McKee:
Quote from @Corey G.:
Tenant informed me he wanted to move out about 6 months into his second year (about 30 days ago). He thought he went month to month after the first year but never informed me of it (which is required in writing) and I have the lease set to renew for another 12 months automatically written into the lease. Well I'm pretty sure he just moved out anyways without paying the buy out fee (2 months rent pretty much). I haven't had these terms written into my lease very long and the tenant that broke the lease previously went ahead and paid it. What is the suggested process for this? I'm very familiar with serving notice for things like late fees/evictions but never have tried to collect on this. Technically he's late on the June rent now as well. Should I serve a late notice and then eviction and add the fees up at the eviction hearing or is thttps://www.biggerpockets.com/forums/52/topics/1245957-tenan...here a different/better way to do this?
Sorry to hear this. If they moved out it's no longer an eviction. As long as your lease is iron clad and you have reviewed your local laws, you might have a case to go after the rent/fees owed.
You could send him to a collection agency for the amount owed after you deduct the security deposit. This would allow you to credit report it. Some charge fees to do this. I've done it once, but for a few thousand dollars. Did not get the money back, but the tenant did get a negative mark on their credit.
Front Lobby, is a credit reporting site. It's relatively affordable, but you can only report late rent and late fees(fines and other damages you need a judgement) .They also have to be 30 days past due. So if you rent it within 30 days and keep the security deposit you probably won't be able to report him. If it takes you a few months, then you probably could depending on how your lease is worded. Make sure you double check with any credit reporting agency, to stay on the right side of the law. I always error on the side of caution. Credit reporting is good way to keep some people in line with the terms.
This happens all the time, especially in lower end markets. There's not much you can do besides credit report or collection agencies. Small claims court is not worth it unless it's more than 10k or you are absolutely sure they would pay up if you got a judgement. I've gone the small claims court way a couple times, it's not easy and it's not cheap.
I know your pissed, but this is part of the game....
I'm not super pissed or anything, it's mostly just that I'm strict with rules and I expect them to be followed so I like to hold people accountable to that. If you are saying that fees require a judgement, then how would you go about getting a judgement in the case that someone had already moved out or are other companies more lenient with their requirements?
The judgment is much harder. I’m going after a contractor for 3k he ran off with. This is mostly to prove a point. I have a lawyer and we are working on “trying” to serve him. We don’t exactly know where he lives. So we did a skip trace and might have located him. If we managed to Serve him, then we can go to court and get a judgement. However , he still probably won’t pay, but at least it hits his record. You would have to follow a similar process: start a small claims case with your local court, work on finding and serving the individual, and then get a judgement.
You can go after him in court, but it’s likely not going to be worth it. It’s a major pain.
I would suggest the credit reporting/collection agency route. It would be cheaper. You just need the tenants DOB and their last known address. Collection Agency would likely allow you to report the damages from him breaking the lease, just not the credit reporting agency
Oh I see. I figured an eviction might still work because I haven't received any communication from the tenant, he's just late on the rent and I saw him leave on my security camera and he hasn't been back in a few days... it just happens to coincide with when he wanted to break the lease and I told him that he never sent me official notice. I know an eviction will get me a judgement... at least for the overdue rent and if during the court date we find that he's vacated, then wouldn't the judge use the terms of the lease to access fees?
If he’s still living there. Then yes you are correct it would be an eviction. I’ve filed an eviction case and the tenant bounced before the court date and before they got served.. The case was dismissed since the tenant vacated. If I wanted a judgment I would then have had to file a separate small claims. If I had successfully served then I may have been able to get a judgment from the eviction filing.
It seems you might have a similar situation, where he might leave before you even get before a judge. After that, it will be harder to find him.
I’m definitely not a lawyer or familiar with your local laws. But I would first find out if he’s still there. If he is, then if you want you Can start the eviction process.
I’ve had a decent number of situations like this and most people don’t I’ve never had someone stay until the court date.