Skip to content
Two investors reviewing resources on a laptop

Get industry-leading resources — for free

Unlock resources for every investing strategy and stage with a free account.

By continuing, you agree to BiggerPockets LLC's Terms of Use and Privacy Policy

Followed Discussions Followed Categories Followed People Followed Locations
Multi-Family and Apartment Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

1,600
Posts
408
Votes
James McGovern
  • Flipper/Rehabber
  • Bloomfield CT
408
Votes |
1,600
Posts

Effectively suing a tenant after eviction

James McGovern
  • Flipper/Rehabber
  • Bloomfield CT
Posted

What are the best practices for suing a tenant for expenses related to eviction and recovery of costs to clean up after them when they leave a mess?

Most Popular Reply

User Stats

4,442
Posts
6,324
Votes
Greg Scott
#1 Legal & Legislation Contributor
  • Rental Property Investor
  • SE Michigan
6,324
Votes |
4,442
Posts
Greg Scott
#1 Legal & Legislation Contributor
  • Rental Property Investor
  • SE Michigan
Replied

You simply take them to small claims court.

In many cases the hard part is finding them.  Most tenants that get evicted don't have USPS forward their mail.  Finding where they moved to to serve them notice can be tough.

After you serve them, you can take all your evidence to court and ask the judge for a money judgement.  There is usually only a small chance the tenant even shows up, so it is usually a one-sided argument favoring the landlord.

The next hard part is collecting.  Our properties are in Indiana where the laws are more supportive of landlords.  We only get collections from about 10-20% of the people for which we've gotten a judgement and we get a judgement against everyone we evict.  We owned a small apartment in Michigan for four years, but had exactly $0 recovered from judgements there.

  • Greg Scott
  • Loading replies...