I have a tenant here in CT that is breaking their lease 4 months after moving in. It is a 1 year lease and per the lease I will keep the security deposit. The problem now is we’re half way through February and I haven’t received this months rent. They say they’ll get it to me before they move out on March 2nd. Which I’m starting to not believe each time I ask for the rent they say next weekend because they don’t have it. What can I do? If I get a lawyer do I have to pay the fees or can the court make them pay for the lawyer fees?
Do not keep any high hopes!!!
you can hire lawyer or try anything but chances are very very low that you get any $$.
Just hope they do not take your appliances or damage the property!
The court will assess your attorney fees and court costs, but the chances of you collecting are slim to none. Best case they actually pay you and leave your apartment as it was when they moved in. Worst case, you waste time and money paying for a lawyer and going to court and getting a judgment, but turns out you are number 150 on their list of defaulted creditors and you will never see your money.
This is why screen your tenants before moving them in are so critical for landlords. and most likely people who carry them selves a certain way has a track record. But its all a lesson well learnt for the future. I would pursue them at lease follow through with 5days notice. I haven't ever had to try to collect through collectors but sometimes its worth it... just depends, hope are that they have intentions on moving by March. if not you have to start by taken them to court anyways...
eviction process ASAP
This is why I collect last month's rent up front.
yes start eviction so you can destroy their credit. That way they have a very difficult time renting again. The cost involved are couple hundred bucks and don't need an attorney. I did an eviction by google searches and court approved it
Yes, I would get an attorney but you will have to pay upfront, at least that is how it is in Illinois. Going after them to pay the fees maybe a waste time because something tells me they will dodge court or even go to court and not pay a thing. You'll be stuck with a judgement you can't get the money for. Even if they don't pay this month, if they leave and your apartment is still in tact, let it go and consider it a lesson. Chasing tenants like this is a waste of time, if they're already gone. Just my opinion, I understand how you feel because its not right. But because they have already proven they can't be trusted an attorney would be a must for me, you're not in the business of giving free rent. In any case get your eviction papers ready.
My guess is you are never going to see another dime and you should have issued the eviction notice the day after rent was due.
If I were in your shoes now I would be as nice as I possibly can be and tell them you are fine with them leaving and will simply apply their deposit to the LMR. I would cozy up to them and ask for a forwarding address in the event there is any misdirected mail after they move out. Be very friendly and assuming you can pry a forwarding address out of them the day after they move I would file with Small Claims Court for all lost income up to the time it is re-rented.
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