Need info on Suing in small claims court for back rent

Member since 2018 · 12 posts · 1 vote

I own a rental property in Buffalo NY and I’m an out of town landlord. I have an ex tenant that owes me $4500 in back rent. My property manager did file papers for eviction but when her lawyer went to court they made an agreement for her to move out instead without the full eviction. She left and now I’m still owed $4500. I flew to Buffalo and filed for a small claims court hearing and was granted one for later this month. Is this something I should fly in and do myself or should I have a lawyer handle it? If I handle it I want to make sure I’m prepared. What do I need to bring. I know she doesn’t have the $ so I’m probably looking at garnishing her paycheck.

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Matthew Irish-JonesBusiness Member

Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes

Out of curiosity, how did the tenants get so far behind?

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
on the West coast Lawyers are not allowed in small claims court.. think Judge judy on TV
its just you and the tenant mano o mano and if your well prepared and a tenant is well a tenant.
you generally win hands down. However check with the court but like I said out our way if you filed you have to go.
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Matthew Irish-JonesBusiness Member
Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
7y
Out of curiosity, how did the tenants get so far behind?
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
@Leslie Carter I would like to know why your property manager allowed them to get so far behind and why their attorney negotiated a move-out without seeking a judgement. It's OK that they stopped the eviction and got the tenant out but they should have asked the court to issue the judgement and confirm what the tenant owes so you could take it to collections or garnish wages or whatever you need to do to collect.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
7y
Check to see if you can use a para legal in small claims court. If so then they are far less expensive and specialised for that purpose.
You also need to find a new PM.
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Leslie Carter
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Member since 2018 · 12 posts · 1 vote
7y
Hello all. I wondered the same thing about the court proceedings. I am really upset that I was left out to dry. The amount got to be so much because My PM was trying to work out a payment plan but my PM wasn’t communicating with myself or the tenant. she filed to evict but her lawyer cancelled and that pushed us in to yet another month. It’s a big mess. I have to now fly to Buffalo for this and spend more money.
And yes I need a new PM
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Paul Zackey
Rental Property Investor · Buffalo, NY · Member since 2018 · 26 posts · 3 votes
7y
Sounds like you need a new PM. May I suggest you contact @Matthew Irish-Jones to see what he can offer you?
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Ray Harrell
Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
7y
If the attorney negotiated a move out in lieu of paying rent, then that's a done deal. You can't now go back and sue for a deal that was already negotiated. They can prove that they accepted a deal of moving out in lieu of eviction, then you will lose. What made you think you can sue them twice and get two different judgements?
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Matthew Irish-JonesBusiness Member
Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
7y
@Leslie Carter sorry to hear all this, sounds terrible.
@Paul Zackey thank you!
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
Your pm sounds as incompetent as your tenant is ! There are several things going on here that don’t add up as others have noted . I’m not the greatest landlord but geez how can a tenant be allowed to get that far behind and then to make a bargain with them lol this is complete unadulterated idiocy on your property managers behalf . Hopefully you can evict these scum bags but I wouldn’t get your hopes up on that 4500$ . That is long gone and not something you’ll probably ever see realistically . I would be more worried about getting some decent property management in place and keeping up on your business better . Trust ...BUT verify
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Mitch Holmes III
Rental Property Investor · NY · Member since 2019 · 8 posts · 2 votes
7y
@Leslie Carter sometimes it's just not worth the headache. I took a tenant to court and sued for back rent plus property damages almost 2 years ago and still have not received one red cent. Unfortunately, landlords are portrayed or seen as greedy selfish exploitative slumlords and the worst tenants receive sympathy of the court. Unless that $4,500 makes or breaks you sometimes it's best to cut ties and be wiser next time.
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Leslie Carter
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Member since 2018 · 12 posts · 1 vote
7y
Thank you Mitch. I’m beginning to agree with your thoughts. After more research I know now that the only thing I’ll leave with is a paper saying she owes me. Collecting is another chapter. Maybe I can write it off as a loss on my taxes?
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Leslie Carter
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Member since 2018 · 12 posts · 1 vote
7y
@Ray Harrell I never equated the fact that they negotiated a move out agreement with not being able to go after the money. My PM lead me to believe that all I had to do was sue her in small claims. This is my first go at rental property and I’ve learned quite a lot in the 1 st year. Like how I should just let the $4500 go unfortunately 😩
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John W.
Rental Property Investor · Buffalo, NY · Member since 2017 · 257 posts · 130 votes
7y
In my opinion, I would not waste more time and energy on these tenants. My lawyer thinks it's a waste of time because it's very difficult to collect. Would probably have more luck suing and collecting from the PM, lol.
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Leslie Carter
OP
Member since 2018 · 12 posts · 1 vote
7y
Hi all. Thanks for all of your input. I am still deciding if I’m going to go to court. I was told that in Erie County, I can garnish her paycheck or even her bank account. I have a court date if Feb 26. Can anyone refer me to a lawyer in Buffalo that does Small claims for out of town landlords. I know it’s a long haul to actually get my money but it’s the principle of it. I appreciate it.
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
Suing a tenant is a futile effort . Waste of time and money . You can win and still lose
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Ben D.
Investor · Buffalo, NY · Member since 2020 · 5 posts · 1 vote
6y
@Leslie Carter, what ended up happening here? Is what you said about using judgement to access wages and bank account true? Did you go through the process?
I'm in a similar position as you. Remote owner, local PM. Tenant owed thousands. We sued. Got judgement. Have had it since December '19 and it's collecting dust 8 months later. Not sure how to act on it. We just got a collections company involved. Low hopes. My lawyer said judgements are useless.
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