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Updated about 12 years ago on . Most recent reply

User Stats

7
Posts
1
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Joseph Wilson
  • Investor
  • Rochester, NY
1
Votes |
7
Posts

Abandonment

Joseph Wilson
  • Investor
  • Rochester, NY
Posted

Tenant did not pay 2nd to last month rents in May. He kept saying each week he was going to pay as I am pretty aggressive with follow-up on late rent. Then I gave him 3 days final notice before eviction procedures.

In the meantime I was showing the apartment as it was 60 days out from end of lease agreement each weekend. Then one weekend day before scheduled showing locks were changed and tenant left apartment (abandonment). Got email later in day he moved out as notified tenant a lock-smith would be called out as lease says locks cannot be changed.

I was able to get into apartment and clean up place as tenant left keys in mailbox. I was able to find suitable new tenant to rent apartment shortly afterward, but am missing one and half months of rent plus late fees and have some costs from damage to property (missing fence, storm door, bathroom mirror, etc). All these clauses are outlined in lease agreement and security deposit agreement which have been signed by tenant who abandoned apartment.

What are thoughts on best way to handle (collect money) as eviction is not necessary since tenant is gone. Total cost fits small claims court in NY since under $5,000. However, not knowing persons exact address and he was working under the table so no W2 puts a bit of damper on small claims. Am thinking to go with Collections Company, but they take 40% of total collected. I do have a couple of tenants family member addresses and his girlfriends parents address and her work address.

Appreciate the guidance as this is my first time coming across this scenario. Thanks in advance for help.

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