Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 5 years ago on . Most recent reply

User Stats

86
Posts
38
Votes
Jesse Smith
  • Rental Property Investor
  • Kansas City, MO
38
Votes |
86
Posts

Tenant Abandoned Unit - What Type of Lawsuit for Unpaid Rent?

Jesse Smith
  • Rental Property Investor
  • Kansas City, MO
Posted

This is in Missouri.  One of my tenants stopped paying rent in October.  He then called me in mid-November and said he had moved back home with his parents, and he would no longer need to rent the unit.  His lease runs through February 2020, and I have a 2-month lease-break fee.  His father also co-signed the lease.

I have posted and mailed the required legal notice that the apartment is considered to be abandoned.  The 10-day waiting period will finish on Monday, so I want to get things rolling.  I already have a bid lined up to remove all of the property in the unit (nothing valuable - mostly worn out furniture).  I will also be taking plenty of pictures and changing out the locks.  I'm working on a listing to get the place filled after I remove the property and clean it out.  

At this point, he owes rent for October and November and has completely stopped responding to my requests for payment.  I understand that I'm allowed to continue to charge rent until a new tenant moves in, as long as I'm making a "good faith effort" to find a new tenant.  My questions is what kind of lawsuit do I need to file to recover the unpaid rent, late fees, and expenses for removal of his property?  Can I also go after the 2-month lease break fee?  This will likely exceed the $3,000 threshold for small claims.  

Thanks for any advice!

Most Popular Reply

User Stats

6,023
Posts
9,407
Votes
Dennis M.
  • Rental Property Investor
  • Erie, pa
9,407
Votes |
6,023
Posts
Dennis M.
  • Rental Property Investor
  • Erie, pa
Replied

No lawsuit -Forgot about it and move on 

Loading replies...