Should I take them to Small Claims?

Question

Glad I found this board! I am new to this..

I have owned 4 rentals for 14 months now in Seattle Area.
I evicted a party of two in a townhome. One of the people went MIA. The other roomate paid their own portion and vacated.
Legally, both names on the lease, owe me a total of $1350, a bit more than one months rent. Is it worth my time taking them to small claims court for the $1350?
To me it is the principal of one of them ripping me off and getting away with it. The one who paid all they could was nice and apologetic and never heard from their MIA roommate.

I asked my (X) mentor/ RE agent and they said thet would help me for $175/hr consulting fee. I was shocked. I called a law office and they gave me tons of info for free!
Now I consider them my X RE agent! They already made a lot of money from me buying several places and I see the greed set in them trying to take advantage.. sorry I had to vent..

Is it worth the time and paperwork to go to small claims for $1350? I do not have the tenant who went MIA mail address to deliver the court notice.

I appreciate you opinion and insight on this.

Aly W. · Answer

I just evicted a tenant and he owes much more than the security deposit will cover. He was on rental assistance, and doesn't have a pot to piss in (but he does have a 65" widescreen TV). I absolutely plan to go to small claims court on this, knowing I probably will never collect.

I'm hoping another landlord will at least benefit from my experience.

Mark N.A · Answer

Most definitely take them to court.

That judgement may come back to bite them on the @ss if they ever get assets you can attach, or if they apply for certain jobs.

Also, you'll be doing other landlords a favor because when we do a background and find that judgement, we'll know to pass.

Greg C · Answer

i say take them to court and get a judgment against them,,, often if the tennant ever wants to shape up and buy a house they will have to make good on the judgement before anyone will give them a mortgage. if you let it go you are guarenteed nothing

Jon Holdman · Answer

If you take the MIA person to small claims court, you will still have to win (likely, if you have your ducks in a row) and then collect (unlikely.) So, they will owe you even more that you can't collect.

You should have, and still should, collect the entire remaining amount from the one person you still have contact with. If you have a good lease, it will state each person is entirely liable for the full amount owed to you. You have one person in hand. Collect from them. Its that person's problem to collect from the MIA roommate, not yours.

Justin Case · Answer

They only paid what they did I did not let them off for being nice. After the damage deposit they still owe $1350.

So not worth my time in Small claims?

Josh Green · Answer

i don't really think its worth it, i would however put as much pressure on the one person that you can. put the fear into them. they owe you money and signed a contract. make sure they are aware of that.

you would however, know if you have any chance at recovery. every tenant is different....

Josh Green · Answer

they were both on the lease so there is no 'one paid their portion'.

ultimately, the person that you can get ahold of is just as responsible for the full payment of rent. you've pretty much botched this up by only collecting 'their portion' and being sympathetic. lesson learned.

if i have 2 tenants on a lease and tenant 1 runs out, tenant 2 still needs to pay 100% of the rent. they got themselves into the situation by having a loser as a roommate. you shouldn't have to pay for that.

Curt Davis · Answer

justin,

Its not worth your time. Besides, if you win you will still never get the money so you might as well move on and get a new renter. Their deposit should take care of their moving our.

Should I take them to Small Claims?

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