landlord question - Back Rent

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  • mattyrayb

    Member
    Feb 23, 2010
    53
    waldorf
    Hello all,

    I'm hoping someone can provide clear guidance for me on my issue. It's difficult to get step by step instructions online.
    I have one of those "my renters screwed me" stories.

    My renters moved out on 8/1 but they still owe me rent for 3 months (May, June, July), which adds up to just over $5K.

    The history:
    - I filed the form DC/CV 82 (7/3) and had the hearing (7/10). The judge ruled in my favor.
    - I filed the form DC/CV 81 (7/18). The judge ruled in my favor and was contacted by the sheriffs office for eviction. By that point the renters moved out.
    - I've emailed and text them to set up a payment plan, but no response.
    - Now here I am.​


    I want to collect those funds, but obviously I'm short on change because of the amount owed to me so I'm trying to do this myself instead of paying a lawyer.

    Has anyone gone through this process that can lay it out for me?

    Any help would be great.

    P.S. I forgot to mention, the process may be complicated further because they had DC tags (out-of-state), but I'm not sure if they live in DC now or not.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,021
    Harford County
    If they owe $5K for about 3 months then count your blessings that they are out under their own power. If you had to go through eviction I think they could have gotten into you a lot worse before you got them out. Not sure what the limit for small claims court is but even if you sue them and win all you'll have is a judgment. Collecting on the judgment may be easier said than done
     

    mattyrayb

    Member
    Feb 23, 2010
    53
    waldorf
    I definitely count my blessing on that aspect.

    From what I've gathered I'd have to sue them for an official judgment. Small claims is under $5K so I'd have to go to the next step, which is Civil Court I believe.

    Once I get the judgment I have to find out relevant information (i.e. bank account info, employer info, etc.) and then file more paperwork for wage garnishment or whatever.

    I'm just not sure about timelines, different required written notices, etc. that could prove to be an obstacles or show stopper in the judge's eyes.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,021
    Harford County
    All of my experiences in this area have been 25-30 years ago and we were just glad to have them out on their own. Our tenants generally didn't have a pot to piss in so we never even considered seeking a judgment.

    You need to think about the cost involved in suing AND trying to collect on the judgment and see if it's worth it. Consider how easy it may be for them to file bankruptcy and leave you holding a worthless piece of paper.
     

    LoneRanger

    Banned
    BANNED!!!
    Dec 22, 2009
    4,759
    All of my experiences in this area have been 25-30 years ago and we were just glad to have them out on their own. Our tenants generally didn't have a pot to piss in so we never even considered seeking a judgment.

    You need to think about the cost involved in suing AND trying to collect on the judgment and see if it's worth it. Consider how easy it may be for them to file bankruptcy and leave you holding a worthless piece of paper.

    +1....unless you have a cousin Guido, the odds of collecting are slim to none.

    The easy part will be getting your judgement in small claims court....collecting on that judgement is a totally separate issue......
     

    spicedcrab

    Active Member
    Feb 10, 2013
    171
    As a landlord I have been through the same scenario, several times. Immediately send them a certified letter stating the amount of damages and rent owed to the last know address (your rental property) if they did not notify the post office of a new address then the letter will not get claimed and will be returned to you (keep it as evidence) You go the courthouse and file a claim against them in the amount of what you had listed in the certified letter. Now the hard part, you must find them to serve them with the court papers, if papers dont get served then you cant go to court. If you do serve them, and go to court, the judge will rule in your favor for the amount (any amount, no limit in this kind of case) Now the even harder part, you will never see your money because the judgement is just a worthless piece of paper against these people unless they come into an inheritance or hit the lottery. I have judgements on past tenants for $16,000... 9,000.... 12,000... 3,500.... and several more, never have and never will ever see a dime of any of that money. I never try any more. Bottom line and my advice, don't waste your time even perusing it. clean it up go onto the next tenant, require 1st months rent, last months rent, and 1 month security deposit on the next people. Dont listen to stories if they dont have that much to put down because they are also a waste of time and will end the same as the last people you had. When tenants are in and the rent is ONE DAY LATE, go to the court and file the failure to pay rent form, if they pay then it gets canceled, if they dont pay then you have started the process just in time to avoid a loss. Good luck
     

    dontpanic

    Ultimate Member
    Jul 7, 2013
    6,631
    Timonium
    The judge does not care if you collect or not. It is on you to follow up. It's much easier to go through small claims court so lower your amount to what is allowed there.

    You will win in court. (They will probably not show up) collecting is very difficult. The main thing you need now is their contact info so they can be served their summons.

    Good luck. It sucks being landlord. I've sold all my properties but one. Because of these same issues
     

    mattyrayb

    Member
    Feb 23, 2010
    53
    waldorf
    I'd love to get the rent but I think I'd love to make their life miserable more than anything :mad54:

    I know the woman works in DC school system so she should care about this.
    I also know she has a court date in September for an unrelated assault charge on her fiance. At the very least I could serve her there.
     

    dgapilot

    Active Member
    May 13, 2013
    704
    Frederick County
    Agree with most of the posts, I have judgements of over 20K on past tenants that I'll never collect. In addition to the above advice I also do the following:
    Get the prospective tennants bank account numbers
    Never deal in cash or money orders, if they don't have a bank account, you don't want them as a tennat.
    Pull a credit report on them before you rent to them, they need to give you permission to do this, and if they aren't willing to sign a release, you don't want them as tennants.
    Report any judgements you have against previous tennants to the credit bureaus so the next guy doens't get fleeced

    I've got 2 vacant apartments in my home because I don't want to deal with this anymore. One of them I use for part time rentals using www.airbnb.com Works out pretty good, not quite as much income, but way less hassle. And the best part is you no longer have to deal with MD Dept of Environment Lead Police!
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,876
    Some people think that once they get a court judgment, that's the end of it. Hardly. That's why there are post-judgment remedies and procedures, which many people don't bother to learn or use.

    At a minimum, for a $5k claim, unless the tenant has filed bankruptcy and the debt is dischargeable, I would get a judgment in the District Court and record it in the appropriate Circuit Court. It's good for 12 years, can be renewed, and is likely to be picked up by credit reporting agencies. The bum might some day have a car, income, or even apply for a mortgage, and you will be surprised how gratifying it can be to collect an old judgment that you mentally wrote off but has been earning interest at 10% per annum.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    As a landlord I have been through the same scenario, several times. Immediately send them a certified letter stating the amount of damages and rent owed to the last know address (your rental property) if they did not notify the post office of a new address then the letter will not get claimed and will be returned to you (keep it as evidence) You go the courthouse and file a claim against them in the amount of what you had listed in the certified letter. Now the hard part, you must find them to serve them with the court papers, if papers dont get served then you cant go to court. If you do serve them, and go to court, the judge will rule in your favor for the amount (any amount, no limit in this kind of case) Now the even harder part, you will never see your money because the judgement is just a worthless piece of paper against these people unless they come into an inheritance or hit the lottery. I have judgements on past tenants for $16,000... 9,000.... 12,000... 3,500.... and several more, never have and never will ever see a dime of any of that money. I never try any more. Bottom line and my advice, don't waste your time even perusing it. clean it up go onto the next tenant, require 1st months rent, last months rent, and 1 month security deposit on the next people. Dont listen to stories if they dont have that much to put down because they are also a waste of time and will end the same as the last people you had. When tenants are in and the rent is ONE DAY LATE, go to the court and file the failure to pay rent form, if they pay then it gets canceled, if they dont pay then you have started the process just in time to avoid a loss. Good luck
    As a guy who has had to evict - and go to court to fight for it - this is good advice. Follow it. Don't give them an inch or they will take a mile.

    In my case, I tried to evict a total loser kid who had nowhere else to go but back to his mom's house. Problem is he was such a loser that mom's new husband didn't want him around, and the new guy was a trial lawyer. He openly told my lawyer I was in the right, but that he'd make me pay for the eviction in legal fees.

    I "won" by surrounding the house with security cams. He was doing something illegal (stolen stuff, I think) and the cameras scared him off. Two months fighting through lawyers cost me $3000 and no play. A couple of cheap-ass $65 cameras and the dude gave notice in 72 hours, and paid all rent plus a cleaning fee.
     

    good guy 176

    R.I.P.
    Dec 9, 2009
    1,174
    Laurel, MD
    FIRST, Change Your LOCKS...

    Second, SELL Every Rental Property You Own...

    This is your best advice. Anyone with over $20,000 in outstanding unpaid rent must be insane, too, to continue renting in that deadbeat market. I've owned rental properties in the Laurel MD area, but they went bye bye in 1999.

    Never ever again!
     

    Z_Man

    Ultimate Member
    May 23, 2014
    2,698
    Harford County
    just an fyi on being a landlord in the state of MD. By law a landlord cannot charge more than 2 months rent when moving in. if that is done and the tenant fights it you would owe the tenant 3x the amount. so if rent was 1500, and you required first months rent, last months rent and security deposit of 1500, initial would be 4500 bucks, but you would only be allowed to charge 3000 by law, and if found guilty you would owe the tenant $13,500.

    however you can file for eviction in the state of MD if the rent is 1 day late, and there is an 8 day period from when you file to when you can evict and schedule the sherrif to show up and throw their sh*t in the street and change the locksan exterior security camera is never a bad thing.

    1st rule of being a landlord is if you don't want to go to court or throw people into the street, then don't become a landlord.

    in the long run you will make more money than you lose, however its all about tenant selection a great tenant paying 300 a month less than you could charge will make you more money in the long run... and if 300 a month is going to break you (this is MD we are talking here, in middle of america you may only be getting 300 for a small house) on having profit in your rental, then the rental is not good for business and you should remove it from your inventory.

    (assuming MD rental due to hte fact you are in waldorf)
     

    byf43

    SCSC Life/NRA Patron Life
    OP, I wish you luck on getting your $$$.

    My (former) next-door neighbor had to move to another house (his wife has a bad heart) from their 2-story colonial w/ full basement.

    He rented this house to a real nice guy and his family.

    In the year that this family was there...... he was paid 'rent monies' THREE times.

    They had Direct TV installed, and the guy drilled BIG holes in the roof, and left the holes, when they left.
    The coax was dropped through the ceilings, into closets and into the rooms.
    (NOT in the walls!)

    The kids spilled/poured red Kool-Aid or Punch all over the carpets and wrote on the walls with crayons and 'magic markers'.

    The renter was a plumber, and when they left, he TOOK the water heater, the dishwasher, the fridge, and the washer/dryer that was in the house.

    He took all the interior doors off of the hinges, and threw them into the garage.


    It cost my neighbor (he was 77 years old at the time) over $20,000 to get his house back in condition to sell, then, the bottom fell out of the market.

    The owner of the house sued the renter for the $$$ and was awarded $5,000.00. He's never collected a dime, though.
    The renter moved into a house, just down the street, and did the same thing to that house, when he left.
    The renter declared bankruptcy and hasn't paid a dime.
     

    Z_Man

    Ultimate Member
    May 23, 2014
    2,698
    Harford County
    OP, I wish you luck on getting your $$$.

    My (former) next-door neighbor had to move to another house (his wife has a bad heart) from their 2-story colonial w/ full basement.

    He rented this house to a real nice guy and his family.

    In the year that this family was there...... he was paid 'rent monies' THREE times.

    They had Direct TV installed, and the guy drilled BIG holes in the roof, and left the holes, when they left.
    The coax was dropped through the ceilings, into closets and into the rooms.
    (NOT in the walls!)

    The kids spilled/poured red Kool-Aid or Punch all over the carpets and wrote on the walls with crayons and 'magic markers'.

    The renter was a plumber, and when they left, he TOOK the water heater, the dishwasher, the fridge, and the washer/dryer that was in the house.

    He took all the interior doors off of the hinges, and threw them into the garage.


    It cost my neighbor (he was 77 years old at the time) over $20,000 to get his house back in condition to sell, then, the bottom fell out of the market.

    The owner of the house sued the renter for the $$$ and was awarded $5,000.00. He's never collected a dime, though.
    The renter moved into a house, just down the street, and did the same thing to that house, when he left.
    The renter declared bankruptcy and hasn't paid a dime.

    prime example that there are some terrible human beings in this world. maybe not terrible, but selfish and entitled ashats... i guess thats the same thing.
     

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