Tenant Issues, Eviction, Wage Garnishment?

5 Replies

I am having some tenant issues in one of my buildings.  It is located in a smaller town where the rental demand is not strong this time of year.  2 units, unit #4 and #2, are inherited and have been paying late. It started 2 months ago.  This month they are late and both units asked to wait until their next pay check.  Now I am out of rent for not acting sooner.

I have a slight fear for not acting.  I have 1 unit, #3 coming vacant at the end of the month. The tenant there is relocating.  It has taken 4 weeks to fill that vacancy.  I was worried about having 3 units sitting vacant this time of year. 

So, I have the forms to file for the eviction.  The court charges $50 to give notice.  $50 for a judgment if the tenant does not answer or is no contest.  The fee is $300 to go to court if they do answer.  The Court charges $30 for wage garnishing.

My question is about damages.  How much should I be asking for?  Court cost + this months rent + next months + repair cost? My Lease states they must pay court cost. They must give 45 days notice if the are going to vacate. and, they must pay for all damages. 

How does wage garnishment work?  how quickly am I repaid.  What is the success rate? I know where one tenant works.  The other tenant is on disability.

just a WAG but I doubt the one on disability you can garnish their disability check.. and the other one will change jobs LOL.. you can get the judgments and just go into the debt collection business on top of being in the landlord business.. if you stay on top of it sometime in the next 10 years you might be able to get it done.. seems like 30 bucks for the right to garnish for the next 10 years is cheap enough since you already lost a few thousand.. If it was me I would not be nearly organized enough to remember or chase those small dollars nor worth my time..  but if this is your passion and your main investment.. I would give it a shot if for nothing else to get up to speed and see how realistic it is to actually collect.

I did ONE time garnish and was getting paid but then they quite soon after and I lost interest.. another filed BK and I had to give all the money back to the trustee .. that was a bummer..

hopefully you have put enough reserves aside to ride this event.. its never ending as you will soon find out.

Well I am filing tomorrow so I will see how it goes.  

Just throwing in my two cents about wage garnishments, since I handle those for my company.

Garnishment laws vary by state, but in general the court will send the order to the employer of record a week or two after the judgment date.  The order has a return date on it, usually 90-120 days out, when the next hearing will take place.

If the debtor still works for the employer, you're in luck, and the employer withholds 25% of disposable wages each pay period until either the debt is paid, or the return date arrives, whichever happens first.  At that point the employer sends a check to the court of everything that has been withheld to date.

After the second hearing, the court will give you whatever the employer was able to withhold, so it will be several months before you see any funds come back.  If the debtor still owes you more, you will have to re-file for a continued garnishment.  Wash, rinse, repeat.

Good luck, and let us know how things work out!

So here in Illinois, the landlord has to give the tenant a 5 day notice. And then if they still don't pay, we can file the eviction.

Have you given the tenant the 5 day notice yet (or whatever your county equivalent is - assuming it works the same way)?

If not, that may be enough to scare one into paying. If yes, then filing the eviction may be enough to get them to pay too.  Let them know that most landlords will automatically turn down a tenant that has an eviction on their record so they might want to think twice.

I'd ask them if they can be out by the first, you'll drop the eviction and give up your claim to the back rent. Maybe that would help you get them out sooner and avoid the court costs.

The  threat  of  evection  spurred The first unit to magically come up with the past due rent. The second unit however is unable to come up with rent and they’re agreeing to vacate

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