How to sue tenant that left house?

jmartinezclark · #1 10-11-2007, 10:51 AM

Hi, I have a tenant on a property that I currently own. The tenant's lease has expired a few days ago and has recently left the property and still owes me some past-due rent that despite my efforts to contact her, she has not paid. Unfortunately I'm going through financial difficulties and the property will be sold at foreclosure auction tomorrow 10/11/07. I will have to file a lawsuit to try to get my money back from the tenant.

My question is...what type of lawsuit/complaint should I file? I don't think I have standing to sue on tenant eviction since starting tomorrow, I will no longer own the property. Could it be a breach of contract lawsuit/complaint?

Any help is greatly appreciated.

PANICPASS · #2 10-12-2007, 02:44 PM

It doesn't sound like your tenant has any money either. I think you are are trying to draw blood from a rock - but what do I know about the tenant?

Deciding whether to sue or not would depend on how much $$ you expect to gain from it, and will the tenant pay you after judgment? You would serve papers on the tenant at last known address- which is the abandoned apt house. You would be able to get a default judgment without the tenant. A default judgment would be entered against the tenant and you could collect on the default if you can find the tenant's assets. If the tenant finds out about the default they could file a motion to set aside the default judgment, and then the process stops until the motion is heard and decided.

I don't think it matters if the property is being foreclosed if you owned the property beforehand. You have a lease to show the court you were the owner/landlord that should be sufficient.

Good luck.

PANICPASS · #3 10-12-2007, 02:58 PM

Not to discourage you, but filing even a small claims suit is complicated.

There are plenty of good books that can help you with that. Do a google search for how to file a small claims suit-- in case you need it.

deacon · #4 10-24-2007, 10:44 AM

Have you considered a commercial lein? I don't see any reason to waste time in the color of law private tribunals.
Any way you go, it's going to take some time and work on your part so you have to decide if it's worth it.