Can you small claims tenant for rent who has NOT been evicted?

5 Replies

Eviction moratorium, Connecticut.  Wanna know if it precludes suing a tenant in small claims for unpaid rent, who has NOT yet been evicted?  Of course we cannot file eviction yet, because of the eviction moratorium.

@Karen F. I have heard other investors have been suing tenants in small claims court, but I haven't heard of any results. During normal circumstances, I don't even bother suing in small claims court because my tenants who I have had to evict, didn't have anything for me to sue for. I suppose if you have a tenant who cares about their credit, you could sue and then if you win, you can put it in collections.

Good luck and let us know if anything comes of it!

It seems to me you would be suing them before you know how much they will owe.  If you sue them now and later they owe more rent or have damages you will have to sue them again.  I would try and work out a payment plan for now and wait on the legal action.  I found out the hard way that even if you sue, they still don't pay, forcing even more action to try and collect.  If they have no assets you are up the creek.

It seems to me you would be suing them before you know how much they will owe.  If you sue them now and later they owe more rent or have damages you will have to sue them again.  I would try and work out a payment plan for now and wait on the legal action.  I found out the hard way that even if you sue, they still don't pay, forcing even more action to try and collect.  If they have no assets you are up the creek.

What outcome do you expect? They're not agreeing to a contract to pay you, so why do you think they would listen to what a civil court tells them to do? My guess is if they're not paying rent, they likely don't have money to pay you after court anyway.