Can I sue tenant if they had a voucher?

Question

The tenant had a voucher majority of the time they rented from me, they lost it about 6 months before moving out. They didn’t pay a security deposit and owe about a months rent total from partially paying. They didn’t pay the water bill and left some belongings behind. I want to sue and include lawyer fees but not sure if I can because of them having the voucher at first.

Bill F. · Answer

@Heather Hawkins

Can you sue them? Yes, anyone can sue anyone from pretty much anything.

Should you sue them? Rephrased, should you sue your former section 8 who couldn't afford the rent or security deposit on their own? No you shouldn't.  It is a massive waste of everyone's time, yours, the courts, the parking attend at small claims court. Chalk this up to part of doing business and bake it into your rent for next time.

Karl B. · Answer

Here's how I do it:

1. Sue them in small claims and win

2. Go to the prothonotary's office and get a lien against them

Most liens expire after 4-7 years depending on your local laws - you can renew the lien prior to expiration so it doesn't ever expire.

Why get a lien?

1. It shows up in their credit report so other landlords see it

2. In the event they someday win a judgement (let's say they're in a car accident and receive $10,000 from an insurance company) or someday sell a home (perhaps a parent willed it to them) you (and anyone else who has a lien against them) will be first in line to receive your owed money

Kyle J. · Answer

Sure you can.  The tenant having a voucher doesn't prevent you from suing them.  The lease was between you and the tenant, not you and anyone else (i.e. the Housing Authority, etc).

However, with that being said, you have to ask yourself...should you sue the tenant (and would that be a good use of your time)?  With any lawsuit, there are usually two parts: 1) Winning a judgment, and 2) Collecting on that judgment.

The first part is usually the easiest.  The second, not so much.  Most Section 8 tenants are uncollectable (often referred to as being "judgment proof"), meaning you can get a judgment against them, but they have no money/assets to collect against (and likely never will).

So could you actually collect on a judgment if you won?  Or would you just be throwing good money after bad?  We don't know the tenant, or how much time you have on your hands, so only you can answer that.  But it's something for you to think about before you go down that road.

Good luck with whatever you decide.  (And next time collect a security deposit.)

Max T. · Answer

@Heather Hawkins

Can you collect money from someone who does not have it?

Steve K. · Answer

@Heather Hawkins you can use a particle accelerator to turn lead into gold. However the process to do so costs many times that of the gold produced. Similar scenario here: yes you can, but highly unlikely to be worth the effort.

Jay Hinrichs · Answer

Agree on if you get a judgement and record it in a certain county.. and if they happen to own a property in that Certain county they will need to clear the judgement.. if they win a lawsuit there is no nexus to that unless you garnish their checking account..  And I suspect most folks that are living this way understand how to protect their cash.. Most probably don't even have  a checking account and just use money orders or Cash that was my experience.

Kaylane Davis · Answer

@Heather Hawkins yes you can and make sure it hits her credit... why no deposit?

Whitney Hutten · Answer

@Heather Hawkins Not all who have a voucher have no money.  It means they were on a fixed income. So don't let that fact dissuade you from filing.

The reality... You can sue and get a judgment.  The odds of them paying are probably very low though.  You would be putting a mark on their record thereby helping out future landlords and perhaps removing them from any subsidized housing programs.

In the end, It really all depends on how you want to try and recover your damages. Remember, you may end up having to take them to court anyways to get legal rights to the property back... especially if their lease is still in force right now.  Make sure to check that out!

Sam Shueh · Answer

Right now the local court has a multi-months backlog of eviction process because of Covid and the State has mandated that until this summer those affected can not be evicted.  Most delinquent payments are like 1 year and up. I heard $20-30K is fairly common from each delinquent tenant. It sounds like your lawyer fee is going to be higher than the lost rent.  I know our local RE lawyer charges $175 an hour and going to court he charges you by the trip as well.  A simple lawsuit here probably cost you at least $4-5K and there is absolutely no guarantee you will win based on what you mentioned.

Theresa Harris · Answer

Yes you can, but I'd go to small claims court.  Chances are you won't ever see the money, so it is up to you as to whether or not you want to spend the time on it.  You will likely win, but not see the money.

Can I sue tenant if they had a voucher?

Most Popular Reply