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Updated over 4 years ago on . Most recent reply

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Nick Nelson
  • Monterey, CA
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Collecting Old Unpaid Rent

Nick Nelson
  • Monterey, CA
Posted

Is there a statute of limitations on collecting rent ($5k+) from a previous tenant? I have not actively pursued collecting this unpaid rent on a tenant who moved out last year. But I now have access to a collection attorney and would like to hear some viewpoints before investing more money on this previous tenant. Thank you.

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Karl B.
  • Rental Property Investor
  • Erie, PA
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Karl B.
  • Rental Property Investor
  • Erie, PA
Replied

When I evict I simply sue them in small claims and then put a lien on them to make their credit/life difficult as I want my damn money. 

As mentioned, you're at $5000+. If it's a number close to $5000 I would recommend still pursuing small claims, getting a judgement and then filing a lien against the lease signer(s).

Now, if it's an amount considerably over $5000 (open to interpretation/one's opinion) and you're fine with spending the money then the lawyer route is the way to go though I would ask the lawyer about his/her cost of putting a lien on the tenant(s).

Be sure to ask what the collection lawyers success% is in getting the money, his/her fees, if they can attempt to collect without a judgement, etc. 

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