Eviction collections

10 Replies

If I evict a tenant in Indiana what are my rights collecting rent for the months after they are gone until property is rented again? They are under contract.

@Matt Hendrickson , unless I am mistaken, once you evict the resident the contract with that resident is terminated and they have no legal standing to occupy the residence. 

You have may legal standing to collect any rental payments from that time forward. Good luck getting a judge to go along with that, however. You might be able to get some additional remedy for future rent, but it will be a challenge to get it.

To Your Investing Success,

Ron

I would say zero.  An eviction usurps a lease and tenant is no longer bound to it.  Try to re-rent ASAP.

You evict a tenant = you broke the lease. Tenant can't be asked to pay for someplace they can't live in.

After you evict someone you might be able to file a new lawsuit for the cost repairing the property and cleaning it up and the loss of rent until you were able to rent it.  It may be limited to the time it was unable to be rented due to needing cleaning and repair, but you might get more.  Having the place really trashed will help you in a new lawsuit.  Keep in mind if the reason for evicting was unpaid rent you might be trying to get blood out of a turnip.  I rarely find it cost effective to chase unpaid debt on a deadbeat.  I usually concentrate my time on better paying tasks.

"You evict a tenant = you broke the lease."

It's more likely that the tenant broke it by not paying the rent.

Yes, typically the eviction has 2 separate court dates. The first is for you to gain possession. Then the sheriff comes to enforce and you get your property back. Then about 45 days after, you get a 2nd court date for "Damages". This includes back rent, costs, fees, and repairs. Once that is ordered, you can't go after them for more damages. 

The day the sheriff puts them out, is the day they no longer owe you for rent. 

@Dale Stevens

Well, they no longer owe you future rent. Any past unpaid rent is still owed, which is why some landlords sue the ex-tenant for unpaid rent. Someone living in your property without permission or payment is still causing you damages, even though other laws may temporarily protect that someone.

Even After eviction send the security deposit statement per your state guidelines, don't miss the deadline. 

They owe money to you for  back rent, court costs, up to the date of when you get possession of apartment per the court, and maybe storage costs if they left personal belongings.. list it all in the security deposit statement.

You'll need to file a separate court action in small claims court but I'd try you might get lucky, worst that will happen is they don't show, it cost you probably 50 bucks to file. If you get judgement in your favor then it's off to collections, they take % if they decide it's worth it. but you might see some money down the line if your lucky.

IMO, focus on getting possession and rerenting.  Chasing $$ is 99.99999% futility as they have nothing to go after.  That's from experience where I lost $9500 and had to just write it off

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.