Problem tenants gave 30 day notice! How hard should I push to get last month's rent?

Question

My inherited problem tenants (loud, bathroom floods, calling city authorities on me) have given notice. I'm thrilled they're leaving, I was considering offering them a few grand to go.

But they have not paid June rent. My wife the social worker says don't push it, it might make the difference of them actually getting a new place. I've read here some landlords will pay to get a place back in decent condition from problem tenants on moveout. Is she right? With 4 kids I'll bet there's a decent amount of damage.

When you file an eviction and the tenant moves out before action, does the eviction still go on their record or does it become a small claims issue?

Bill S. · Answer

It's a tough call. I would remind them of it and see what they do and say. You can always show it as an amount owed on the security deposit accounting. Give them 30 days to pay and then sue them in small claims court for the balance when they don't pay. Bottom line is you can't get blood from a stone. I would do this for the learning experience.

Since you were planning to pay them to leave, even if you don't get June rent you will be money ahead.

In your shoes, I would let it ride if they don't pay as requested. I would then do the SD accounting and try and collect.

Be sure to follow the lease and your state SD accounting laws and provide them with a written accounting within the time frame required. You absolutely must do this.

Account Closed · Answer

All you need is name, address and DOB if you have it for the bureaus to pick up the judgment.

Joe Gore

Johann Jells · Answer

Problem is I inherited them, so I don't have SS#s. Brianna, that's mind blowing that it's not legal to keep security for unpaid rent. It's basically what every tenant would like to do. Can you at least get 1st & last at move-in?

Account Closed · Answer

Make sure you get a judgment so it will. Go on their credit reports.

Joe Gore

Brie Schmidt · Answer

@Johann Jells - Make sure you check with your state. In IL we cannot withhold the security deposit for unpaid rent

Johann Jells · Answer

Clearly they'll be forfeiting at least the rents worth portion of their 1.5 months security, and I'm sure they'll be damage enough that they won't get the rest. I wish it were legal here to get 1st AND last, plus security.

Ben Skove · Answer

I agree with @Bill S. Better to attempt to collect later than to throw a monkey wrench into their plans for leaving.

Brie Schmidt · Answer

@Johann Jells - So they have not paid June rent rent, but provided you notice that they will be out by June 30th? Is there any sort of security deposit?

Problem tenants gave 30 day notice! How hard should I push to get last month's rent?

Problem tenants gave 30 day notice! How hard should I push to get last month's rent?

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