Tenant rented lot, but owned mobile home

[Destiny19692006]

I am asking this question for my mother. My father use to handle all of this, but has since passed away. My mother had a Tenant that rented a lot from her. The Tenant owed alot in back rent and it took three months to go to court. The tenant was asked to move and has. She doesn't work, and the Mobile Home was given to her through Volunteers of America, she has no car, etc. She was ordered to pay all the back rent, and told the courts she would. She never did. My mother had a attorney and paid him over $900.00 to take this case and get this lady out. So, how does my mother get the money owed if this lady has no job, etc? The laws doesn't seem to protect the landlords when you rent to them, and the courts doesn't do anything when the Tenants do not pay. So, the question is, what does she do now, if anything to get the money owed? Is it going to cost more money to get the money?

 

[Gail_in_Georgia]

Your mother had learned an unfortunate lesson that many landlords go through. That is, simply getting a judgement does not guarantee that one will ever see a penny of this.

In some states garnishment of wages is possible (except this woman has no job). Garnishment of a bank account is also another option, although it's doubtful this woman has one. In my state a Fieri Facias (known as a FiFA) can be filed (one can do this themselves and it's not very expensive); this is a judgement/lien against a defendants property....except it doesn't sound like she has any.

In the end many landlords simply write off these debts and try to focus on the fact that they've gotten the deadbeat off their property.

Gail

 

[Destiny19692006]

Thank You Gail. I suggested that to my mother before I wrote on here about placeing a lien against her mobile home. If she can, the lady probably took it out of her name by now if she ever had it in her name at all. Personally, I think my mother should just get all the tenants off her property and sell it.
Looks like another tenant is trying to pull what that tenant did. I do know those two were talking back and forth, and I am sure she told the other renter she was behind in months of rent and living there free. She hasn't sent her rent and when asked about it, she said mom had her deposit and she was planning on moving out. Like the whole reason she put her deposit down was to pay her lot rent if she got behind on it. Of course she is behind now and owes a late fee to go with it.

 

[Gail_in_Georgia]

Many tenants believe that the security deposit can be used as last months rent. That's not the purpose of this.

At any rate, your mother needs to nip this business with the second tenant in the "bud". Send her some information on the process of filing for eviction in her state. This typically starts with a demand letter to pay within a certain time period; if this is ignored the next step is filing for eviction and later, filing for back rent.

Gail