How do I go about this case?

[Sophia]

I own a six family residential building.
I have a tenant who broke his 1 year lease and the last payment he made for July was a check which bounced.
I have made attempts to contact him but he either hangs up or sends me to voicemail, which he never responds to.
So I am looking to obtain at least obtain July's rent and the bounced check fees which I have incurred.
How do I?

 

[Gail_in_Georgia]

It should be fairly clear to you that this tenant has no intention of paying you what he owes. And he will continue to not pay you rent.

Begin the process of evicting him following the process required by your state, then consider suing him in court for owed rent. Once you receive a judgement, determine whether you can go for bank or wage garnishment.

If you'll list your state we'll provide information on how to go about filing for an eviction.

Gail

 

[Sophia]

The tenant has vacated the apartment.
The state is New York.
Am I owed the months that remained on the lease?
Do I go to small claims court to get the rent owed for the time he lived in the apartment?

 

[Gail_in_Georgia]

Yes; you would be owed both for the July rent check that bounced plus any additional months on the lease until you can get the unit rerented.

New York does have a $5000 limitation for Small Claims Court:

http://law.freeadvice.com/resources/smallclaimscourts.htm

Do you know where the tenant now lives so they can be served? This is often the most difficult issues for landlords who have tenants that have skipped out of their leases. A defendant must be made aware they are being sued by being served with the court notice.

Gail