tenant owes rent money and evicted
Member since 2022 · 47 posts · 18 votes
tenant owes rent money and evicted
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Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
1moReality is that you rarely collect on these type of judgments. The collection companies usually take 50% of anything they are able to recover, and honestly, as they say, you cannot get blood from a turnip. If the tenants were young-ish and were mostly employed, MAYBE in 5 - 10 years when they are at a responsible point in life and want to buy a house, they will be required to clear an old judgment. OTOH, if they were older, or disabled and with a lifetime of poor choices or bad experiences, the likelihood of them ever having enough assets to go after is pretty slim. If you get a judgment, you need to "renew" them every 7 years or so, check local law.
17 Replies
- 1moVaibhav PuranikPro MemberMember since 2025 · 96 posts · 53 votesIt’s very important that you include the unpaid rent in your court proceedings so that the judge also gives what’s called money judgment to make them pay. If you didn’t do that, then it becomes a separate matter - not connected to this eviction. I. That case you need to figure out other ways such as filing small claims in the local circuit court.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes1mo
Reality is that you rarely collect on these type of judgments. The collection companies usually take 50% of anything they are able to recover, and honestly, as they say, you cannot get blood from a turnip. If the tenants were young-ish and were mostly employed, MAYBE in 5 - 10 years when they are at a responsible point in life and want to buy a house, they will be required to clear an old judgment. OTOH, if they were older, or disabled and with a lifetime of poor choices or bad experiences, the likelihood of them ever having enough assets to go after is pretty slim. If you get a judgment, you need to "renew" them every 7 years or so, check local law.
- Member since 2021 · 3 posts · 0 votes1mo
Just a comment: the judgment remains valid and enforceable beyond the stated time period (I believe it's 10 years in FL) but the judgment loses it's character as a "lien" that "follows" the debtor if it is not renewed and, if a title check occurs when the debtor buys a home, for example, it won't be treated or "picked up" as a lien that must be paid BEFORE the transaction happens (if it has not been renewed). The creditor can still enforce the debt but will have to take the initiative and pay to track down the debtor down and "force" payment (by garnishment, for example) which is usually an economic loss due to attorney fees, etc that (again) may not be recoverable from the debtor.
- Member since 2021 · 3 posts · 0 votes1mo
And as a follow up- Know that (in my state at least) if the debtor was not PERSONALLY served with the eviction lawsuit and the Complaint claiming money damages (unpaid rent) ... s/he won't be liable to "pay back" those damages because s/he was never given an opportunity to defend the claim. You must "serve" that info. on the debtor or the eviction claim will be "just" for possession of the property, which is satisfied when the debtor vacates. You need to make sure you understand WHAT your judgment entitles you to collect. If you're entitled to money damages, it would be worthwhile to record it as a "lien" at the courthouse and hope that it "pops up" down-the-road as a bad mark on the debtor's credit when s/he tries to buy something and you get paid then because s/he "must" fix it to proceed ... it happens sometimes, when you least expect it. Renew the judgment periodically at the courthouse if it's enough to matter. THAT cost is nominal.
- 1moTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Talk to the court to find out what you can do, but 99% of the time you are out of luck.
- 1moPatrick O'SullivanBusiness MemberProperty Manager · Phoenix, AZ · Member since 2024 · 548 posts · 210 votes
Whether you can actually collect the back rent depends on whether a money judgment was requested and granted, and even then, these often go uncollected unless the tenant has assets worth garnishing. Check your local law on how judgments work and how long they're enforceable, since it varies by state.
Separately, get the property management company to confirm in writing what was filed, what the court granted, and the plan for re-renting the unit. A management company going silent on an out-of-state owner during an active eviction is also concerning.
get MULTIfamily Property Management4.7223 Reviews - 1moKyle MccawBusiness MemberProperty Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes
@Christina Venegas The judgment and the eviction are two different things. Eviction gets you possession. The money judgment is what you collect after, and a lot of times that takes a while or never fully pays. IT Texas, don't expect to ever collect.
The real problem in your post is they stopped returning calls while you are out of state. You should be getting a written status: court date, judgment amount, possession date, and what is next on collections. If they will not put that in writing, that is the file to take to another manager or an attorney in that state.
I would not make the next legal move from a forum.
McCaw Property Management4.4911 Reviews - 1moDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
It depends on your state laws, but most courts give a tenant a set number of days to pay their judgment to stay.
If they do NOT pay and do not move, you have to hire bailiff/sheriff to physically remove them.
Once they are out, they still have the judgment balance.
To collect, you'll have to engage a collection agency/attorney.
It is NOT common for Property Management Companies (PMC) to handle this.
FYI: we've tried and it is VERY difficult to find a decent collection company. You think many PMC's are bad at communication? We've gone through 7 collection companies and fired them all due to communication issues. It's good for the first 30-60 days and then you might as well be dealing with a blackhole.
So, we no longer offer this service.As others have mentioned, first challenge is if the past tenant is collectible - SSI, pensions, disability & S8 income can NOT be garnished.
Logical Property Management4.9465 Reviews - Member since 2018 · 1k+ posts · 1k+ votes1mo
Get the judgment over to the county sheriff and evict ASAP.
Do NOT accept any money from the tenant. Get the tenant physically out of the apartment.Record the judgement with the recorder’s office (now part of the county clerk’s office).
Relet the apartment and put the judgment in the hands of a collection attorney. The attorney will take about half of the amount as his fee, plus expenses.
- 1moJimmy LieuBusiness MemberReal Estate Agent · Columbus, OH · Member since 2019 · 3k+ posts · 2k+ votes
Quote from @Christina Venegas:
What is the next step after taking the tenant to court for three months of unpaid rent? Is she required to pay the full debt, or will she simply be evicted without paying? I live out of state and a property management company handles my rental unit, but they don't provide much information and lately haven't been returning my calls. What should I do in this situation?
Great question, Christina! Eviction and collecting unpaid rent are usually two separate issues, so getting possession of the property doesn’t necessarily mean you’ll automatically receive the three months of rent that’s owed. Whether you can get a money judgment for the unpaid balance, and how you would collect it afterward, depends on the state and what was included in the court case. I’d ask the property manager for a written update showing exactly what was filed, the court date/status, the total balance being claimed, and whether they’re pursuing both possession and a money judgment. The lack of communication from the management company would concern me too, especially since you’re out of state and relying on them to manage the process. If they still aren’t responding, I’d contact a local landlord-tenant attorney to review the case directly and make sure no deadlines or steps are being missed. Happy to connect and answer any questions you have!
Jimmy Lieu, Red 1 Realty4.9121 Reviews - Rental Property Investor · Central PA · Member since 2026 · 20 posts · 11 votes1mo
Two separate things happen in court. One is possession, which is the eviction. The other is a money judgment for what she owes. You usually get both, and the judgment is real, but collecting it is on you. Most of these never get paid. You can hand it to a collector for half, or sit on it and hope she needs clean credit someday. Treat the three months as gone and focus on getting the unit back.
Figure out where the case actually is, because it sounds like nobody's told you. The county docket may be online. If so, look up your case and see if there's an eviction order yet. If there is, the next step is the sheriff, and if where you live is anything like where I'm from, that will be its own wait, often weeks. If there isn't, there's a continuance or a next date and you need to know it. Either way, the manager should have sent you this the day it happened. Find out who filed the case and call them directly. If it's an attorney, they'll talk to you, you're the owner. And never touch the locks, never shut anything off, never move her stuff. That will turn your eviction into her lawsuit.
I'd start looking for a new manager, because this one is done. A manager who won't return calls during an eviction is the worst possible version of the thing you're paying them for. I self-manage everything I own, and a lot of what pushed me there was watching other people's managers do things like this. If you have to be out of state, find one who treats an eviction like an emergency instead of a letter writing campaign.
I would make it clear to your new manager that when rent's late, notice goes out that week, no exceptions. In Illinois that's a 5-day notice. The window between "late" and "in court" is the only part of this you control, and every week you wait could be another month you don't collect. I have my software set up so the late fee and the reminder go out the day the grace period ends, so I'm consistent and not the one deciding whether to be nice. Most landlord apps will do that much. Mine also generates the legal notice and keeps the whole court file, but full disclosure, I built it, so I'm biased. Whatever software your manager uses, or if they do it in house, ask if it does that. It's also essential that they keep a file per tenant from day one: lease, rent ledger with every payment and every miss, notices, proof of service, every text and call. The day you have to file, the court package is already sitting there. That's what wins in front of a judge.
- Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 3k+ votes1mo
Take the court certified monetary judgment to your county recorder office and pay the fee to record it. The outstanding judgment MUST be put on public record if you ever hope to see a dime of money from the ex tenant.
A real plus: if all landlords did this recording of judgments, all would benefit. How? When screening new tenants you'll know there is an outstanding tenancy-based judgment against the applicant with a simple county records search.
- Investor · Chattanooga, TN · Member since 2023 · 181 posts · 111 votes1mo
Maybe call the tenant?
Yeah, yeah, yeah... I know.. There's a property management company. There's probably some structure inside and maybe you don't have the bandwidth or capacity to do so.. But, hear me out..
Maybe you won't collect the $200 at GO but you also might learn something from someone else on the other end of the phone.. Maybe you can work something out together? Maybe you can't? I dunno but at least.. At the end of the day.. You could say you attempted and that's more than most could say..
Maybe there's some feelings of guilt, shame and/ or frustrations. Humans are simply complicated :)
Like Marc and some other's mentioned. Put it in writing. Do your due diligence to protect you and maybe many others in the the future. Investing can be ugly but it can also be freeing. Oftentimes, they coexist.
- 1moDiana KhanPro MemberAttorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2024 · 634 posts · 222 votes
Quote from @Christina Venegas:
What is the next step after taking the tenant to court for three months of unpaid rent? Is she required to pay the full debt, or will she simply be evicted without paying? I live out of state and a property management company handles my rental unit, but they don't provide much information and lately haven't been returning my calls. What should I do in this situation?
@Christina Venegas, the unpaid rent is one issue, but the part that concerns me more is that you do not seem to know exactly where the case stands.
In landlord tenant matters, I’ve seen owners lose a lot of time because they depended completely on the property manager for updates and did not have the actual paperwork themselves.
I would ask the management company for a complete copy of the file. I would want the lease, rent ledger, notices that were sent, proof they were served, everything filed with the court, any judgment or order, and the name of the attorney handling the case if there is one.
Then I would ask one very simple question in writing: Did the court award possession of the property, money for the unpaid rent, or both?
Once you know that, it becomes much easier to understand what the next problem actually is.
Since the property is in Illinois, I would have an Illinois landlord tenant attorney review the case if the management company still cannot give you a clear answer.
- Rental Property Investor · Chicago, IL · Member since 2017 · 269 posts · 189 votes1mo
Quote from @Christina Venegas:
What is the next step after taking the tenant to court for three months of unpaid rent? Is she required to pay the full debt, or will she simply be evicted without paying? I live out of state and a property management company handles my rental unit, but they don't provide much information and lately haven't been returning my calls. What should I do in this situation?
I see you are in Chicago. Unfortunately evictions are pretty slow here.... Did you just start the process? If she doesn't voluntarily leave, it could be several more months before you actually regain control of the unit.
If she's already off the building, you can send to a collection agency. You actually don't need a court order to do this, but it helps. Just provide tenant full name, address, and DOB(social security number helps, but not required).
If you were able to get a judgment, you might be able to get a wage garnishment order. But I that route still might be hard, you definitely will want to consulute a lawyer.
Ask your property management if they credit report monthly payments, if not it's pretty easy to do through Front Lobby.
I would check your expectations for recovery unfortunately, it's very hard to do with ex-tenants.
Lastly, I always prefer to go the cash for keys route if possible. It's cheaper to pay a tenant to leave, rather than go to court.
Good luck, I'm sorry you have to deal with this.
- 1moAdam BartomeoBusiness MemberReal Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
The tenant will be evicted. We do not seek a judgement for the monies owed at that time because it will slow down the eviction process. After they are out we put them in collections for the entire amount owed, including eviction fees.
Bartomeo Property Management4.7150 Reviews - 1moAmit PatelBusiness MemberProperty Manager · Bartlett, IL · Member since 2025 · 165 posts · 66 votes
Hey Christina,
What happens next depends on what you and your attorney want, and on what the judge actually ordered. If the goal is just to get the unit back, many owners focus on possession and accept that collecting the three months of rent later is uncertain.
If you would rather keep her in place, your attorney can sometimes work out a written payment agreement instead of finishing the eviction, but only if you are comfortable with that risk.
A money judgment is separate from the eviction itself. If the court ordered her to pay even after she is out, she still owes that amount. Collecting it can take time.
Some tenants look for rental assistance or charity help to cover arrears, but that is not guaranteed and should not be counted on as the plan.
Your bigger issue right now is the management company not returning calls. Ask them in writing for the court outcome, a copy of any judgment, the ledger, and whether possession has been returned. You need those documents to decide the next step.
If you want to talk through what to request from the manager after an eviction, just message me.
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