Renter moved out without paying.

CU

Platinum Member
Aug 14, 2000
2,415
51
91
I had a renter moved out and not payout his contract. He shorted me one month and some utilites. He still owes me $236. His phone now says the number you have reached is being checked for trouble. It has said this for over a month now. Is it worth me trying to find away to get the money. Who should I talk to lawyer, police, etc.? All I have is his name, phone number, and a copy of a cashiers check he mailed me paying for all put one month of his contract. I don't normally get any more information from my renters as they are collage students in a small town. I may start requiring I copy of some form of picture ID after this though. Thanks.
 

xchangx

Golden Member
Mar 23, 2000
1,692
1
71
Originally posted by: CU
I had a renter moved out and not payout his contract. He shorted me one month and some utilites. He still owes me $236. His phone now says the number you have reached is being checked for trouble. It has said this for over a month now. Is it worth me trying to find away to get the money. Who should I talk to lawyer, police, etc.? All I have is his name, phone number, and a copy of a cashiers check he mailed me paying for all put one month of his contract. I don't normally get any more information from my renters as they are collage students in a small town. I may start requiring I copy of some form of picture ID after this though. Thanks.

Should have run a credit check + 1st and last month's rent
 

IBuyUFO

Golden Member
Oct 9, 1999
1,717
0
76
You didn't collect a deposit? If that's the case then bad move. Always have the renter give you a deposit for cases such as yours.
 

Rastus

Diamond Member
Oct 10, 1999
4,704
3
0
If it's only $236, just move on and don't make the same mistakes over. If the place is damaged, go to small claims court.
 

sao123

Lifer
May 27, 2002
12,653
205
106
sue him in small claims court...

court fees are usually paid by the loser...
 

dullard

Elite Member
May 21, 2001
25,920
4,509
126
Two hours of lawyer time and you'll be in a losing position. Just keep the deposit / extra months rent that you collected at the beginning. And be glad you only were out $236. Heck, if the deposit / extra month's rent was more than $236 you gained from this.
 

CU

Platinum Member
Aug 14, 2000
2,415
51
91
I do collect a one month security deposit. He really shorted me two months, but I said one because he only owes me money for one since I have the deposit and there was no damage to the apartment.
 

CU

Platinum Member
Aug 14, 2000
2,415
51
91
Since I don't have an address for him, how can I sue him in small claims court? I think he is in Illinois now since the cashiers check was from the Bank of Illinois.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: sao123
sue him in small claims court...

court fees are usually paid by the loser...



WINNER and correct.


Don;t listen to most ATOT legal people you got here as you don;t need a lawyer, cops will get pissed you wasted their time, etc...


Go to the court house. And file a small claims action. BUT only do that if you know where they are at. Best way to try and find them is work, school, and if those fail then send a letter with return address request on it. If he forwarded his mail he gets your letter, certified !!!, and you now know where he lives. Then you use the NEW address to file the small court claims.


I have filed small claims enough to know for the amount you are seeking and if you have a signed contract, it is the best option and will result in a win. Unless you are leaving some details out like it is a slum/not livable etc...
 

43st

Diamond Member
Nov 7, 2001
3,197
0
0
The law in most states says to deduct what's owed to you (not rent) and refund the remainder. I don't believe you have any recourse for gathering rent, unless of course you can prove in court that you couldn't fill the vacancy. Anything less and you will lose.

If anything he could come after you for not refunding the security deposit. It doesn't sound like he's bright enough to know that though. :p
 

dullard

Elite Member
May 21, 2001
25,920
4,509
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Originally posted by: Marlin1975
I have filed small claims enough to know for the amount you are seeking and if you have a signed contract, it is the best option and will result in a win. Unless you are leaving some details out like it is a slum/not livable etc...
Yes, he will probably win. But he will have to do a lot of work (find the guy, file the paperwork, go to court, try to get the money from the loser, etc) all for $236. I think the money is too small for that amount of work. But maybe CU is bored and would find this entertaining.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: dullard
Originally posted by: Marlin1975
I have filed small claims enough to know for the amount you are seeking and if you have a signed contract, it is the best option and will result in a win. Unless you are leaving some details out like it is a slum/not livable etc...
Yes, he will probably win. But he will have to do a lot of work (find the guy, file the paperwork, go to court, try to get the money from the loser, etc) all for $236. I think the money is too small for that amount of work. But maybe CU is bored and would find this entertaining.



Actually he can sue for 2 motnhs reant and keep deposit for cleaning fees.

If the guy gave notice then he could probable only go for 1 month plus cleaning.

I would do it as what if this guy has done this before but no one filed a case. The last guy I filed against still did not pay but I f__ked his credit and report up for a good while now. So hopefully someone will not get stung by him in the future and if he buys a car, house, etc... the extra % he will pay will be more then it would have cost to just pay what the court said.
 

pontifex

Lifer
Dec 5, 2000
43,804
46
91
Originally posted by: CU
I had a renter moved out and not payout his contract. He shorted me one month and some utilites. He still owes me $236. His phone now says the number you have reached is being checked for trouble. It has said this for over a month now. Is it worth me trying to find away to get the money. Who should I talk to lawyer, police, etc.? All I have is his name, phone number, and a copy of a cashiers check he mailed me paying for all put one month of his contract. I don't normally get any more information from my renters as they are collage students in a small town. I may start requiring I copy of some form of picture ID after this though. Thanks.

rent +sme utilities is only $236??? where are you located?
 

TravisT

Golden Member
Sep 6, 2002
1,427
0
0
I don't think it is about hte money or getting your full $236 back. Your time is worth more than that. But is the principle that some rotten scumbag thinks he can rip someone off. If anything, it is more about confronting him about it and embarrassing him than getting your money back.
 

Old Hippie

Diamond Member
Oct 8, 2005
6,361
1
0
Yes, he will probably win. But he will have to do a lot of work (find the guy, file the paperwork, go to court, try to get the money from the loser, etc) all for $236. I think the money is too small for that amount of work. But maybe CU is bored and would find this entertaining.
Yep. Been there, done that and still don't have the money. For the kind of money we're talking about, the guy's probably got an under-the-table job and you'll have to get in line to be paid.
I can wait 'till I die.......
 

mrrman

Diamond Member
Feb 8, 2004
8,497
3
0
small claims court but not really worth the hassle...if you want to get on TV, call Judge Judy
 

CU

Platinum Member
Aug 14, 2000
2,415
51
91
Well it looks like small claims court is the best bet if I can find the guys new address. I really doubt he forwarded his mail but I could try that trick. How does the "return address request" part work. If he signs for the letter, the post office will give/mail me his address? What if it is a PO Box, will that work for small claims court?

More of the story. He called me up the end of Sept. and said he had moved out because he got a job some where and that he would pay Oct.'s rent and to keep the deposit for Nov. He did not want to pay Dec. because he said I said the contract was for the end of the semester. The semester ends in the middle of Dec. and the contract says Dec. 31 as the end date anyway. So I told him he would owe me for Dec. also and that I would call him back after I went and looked at the apartment to check for damages. Well I have not been able to contact him yet and he did send me some money just not enough for Dec. The apartment is also very livable as three other guys are renting rooms from the same apartment from me. I rent per bedroom since this is near a university and I rent to alot of students. Also you can figure out which university if you use my forum name. One more hint. "To bad we lost to Maryland this past weekend."