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Updated almost 5 years ago on . Most recent reply

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MK Wang
  • Investor
4
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16
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What to do after the eviction?

MK Wang
  • Investor
Posted

Hey BP,

I am in the process of evicting my tenant for breaching the lease and the court has granted me the possession of my property.

My question is what do I after the eviction goes through. Do I keep the full security deposit and sue the tenant for the remaining months of rent on her lease (she’s not behind on her rent, but the lease still has 5 more months)

Most Popular Reply

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Will Fraser
  • Real Estate Broker
  • Salt Lake City & Oklahoma City
2,322
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3,019
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Will Fraser
  • Real Estate Broker
  • Salt Lake City & Oklahoma City
Replied

Hi MK, that's great that the court has awarded you possession!  

You are certainly entitled to the deposit (as I'm assuming the deposit is less than the legal fees of the eviction).  As to the remaining amount . . .this would be a great time to talk to a real estate attorney in your state.  There may be some cases in which you waived the right to future rent by evicting, and in others you would be completely entitled to it.  If option #2 is true, then it really comes down to a cost-benefit analysis. Are you willing to trade what it will take to collect those 5 additional months of rent in terms of time, risk, and personal/emotional stress.  If so, then then it would take some sort of suit or claim against the tenant to receive that money.

  • Will Fraser
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