Failure to pay rent

[spencer111]

Hello,

Wondering if the experts could give me some guidance. I had 2 tenants living together that agreed to split rent. They would each pay their half of the rent separately. This was a verbal agreement since I only ask for 30 day notice before someone moves out. One of the individuals fell behind on rent, and after 6 months of not paying rent, decided to move out without letting me know. The individual failed to pay any rent after that. I attempted communication by e-mail, where the individual responded, saying money was tight right now and they would see what they could do. In addition, the person that moved out still has belongings at my properly they haven't taken yet.

Fast forward 5 months, any communication with this individual results in no response, but I know they still live in the area. I know this person isn't tight on money since they bought a brand new $50,000 vehicle, which I have proof of.

The amount at stake is $1,200. What are my chances at fighting this in small claims court? I'd like to go after the full value in past rent + interest.

Thanks in advance...

 

[jacksgal]

I am surprised you have waited this long yes sue them for what you are owed

 

[spencer111]

So you think I will win if I take it to court?

 

[jacksgal]

How can not win? You had a tenant he failed to pay rent!

 

[spencer111]

I was afraid because it was only a verbal agreement that it wouldn't hold in court. I'll give it a shot -- What do you feel would be "reasonable" interest to charge, if any?

Thanks for the help.

 

[jacksgal]

At this point dont get greedy ask other landlords what they do. also get all your duck sin a row. Verbal agreements tend to differ from each person. Any contact with this person should be documented with date time etc. any emails, letters should be saved and brought to court. Any witinesses should also be brought to court or you should ask for written statement. Before you sue send a certified letter. You retain a copy. this letter should be a demand for unpaid rent plus late fees. Give him 10 business days to reply. Bring that letter and any response to court. The letter should be quite clear that if unpaid rent is not paid by a certain date or a written agreement of repyament is not reached you will sue in court. If he agrees to payment plan get it in writing so you can take that to court if he welches on agreement. You might in future do two things.

1. Get all rental agreements even month to month ones in writing
2. Know your states Tenant/Landlord regulations