If a tenant does not give 30 days notice and leaves at the end of this month (never paid for this month), can I keep file any kind of judgement in addition to keeping her security deposit?
I live in CA so I don't know the local NJ and/or municipality laws so you'll need to do some research on your own.
How much was the rent each month? Again, you will need to check as some states will not allow you to keep money from the security deposit to use toward any rents due. Are you expecting to need to use any of the deposit money to get the unit rent ready?
I would imagine you can probably file some sort of judgement to be able to get a collection, the question is, is it worth it for 1 month? You'll most likely have to pay a fee to file the judgement and then unless you're planning on trying to collect the money yourself you'll have to pay a collection agency to try to enforce the judgement, which will cost you part (sometimes up to 50%) of the amount collected. Is it worth all of the time and hassle for the amount owed?
I would research if you can use the money from the security deposit as that would be the easiest for you.
Best of luck!
I think you are very lucky that they just left instead of you having an eviction. If it were me, I'd hold onto the security deposit and forget the judgement. Move on and get a better tenant in there. If they come back looking for their security deposit, you can have a chat at that time. Been down this road and back too many times to count - they will never, ever return.
I'd start the eviction on the 5th if the rent wasn't paid and we didn't have some arrangement. So, I certainly wouldn't be at the end of the month and wondering whether or not to start that process. Here in CO, the process is usually only a few weeks.
If a tenant leaves owing you money you can try to get it. Good luck! These efforts aren't usually successful.
Are the utilities off?? Is there any property still left there??
There are personal property disposal laws for each state. Usually eviction attorneys will ask you if property is present or just trash. In GA here if it looks like over 500 worth of stuff the attorneys still want you to evict.
If there is not property then just document everything with pictures that utility is off and everything is vacant to show tenant abandonment . Re-key all locks ASAP. If you can show the unit was abandoned with no property left behind most landlords just re-key and re-rent. Some tenants that leave will do a sublease to get money and let unruly people stay there for a reduced rent.
Example they leave and rent is 800. They give keys to Jo Bob a deadbeat for a cash payment or ongoing few hundred a month. They know it will take you months or longer to get them out and they trash the place.
No legal advice.
To get a judgment you have to find them to be able to serve them. I would turn them into collections to reduce their ability to do it again, and move on.
I'll echo what has already been said here - be thankful the rental doesn't have damage and just move forward
A tenant that just disappears without doing any damage is doing you a favor. If your lease (and your state) allow you to keep the security deposit for breaking the lease, you're ahead of the game.
You must be a BiggerPockets member to post on the forums
Join the world's largest, most open Real Estate Investing Community online, 100% free forever!