Can I Get Arrested for Leaving a Property While the Rent Is in Arrears?
Prior to being evicted from a property for failure to pay rent, the landlord will usually try to collect by sending a series of letters to a tenant indicating how much rent money is owed. If you occupy a property without paying rent, you are legally liable for the bill. However, unpaid rent is considered a civil matter, rather than a criminal one. You will not be arrested, but even after you leave there is a chance you could be sued.
Damaged Credit
Many larger apartment buildings owned by big corporations make a practice of maintaining credit records that they make available to future landlords, banks and other creditors who inquire through national credit reporting bureaus. So, if you happen to leave one of their properties while the rent is in arrears, your decision could potentially follow you in the form of a negative credit report. It could cause you to be denied credit or pay a higher interest rate in the future.
Write Off Debt
Most landlord will write the incident off as a bad debt. When you leave a property while the rent is in arrears, the person who owns the place usually doesn't want to waste the necessary time trying to track you down wherever you might be. After you're gone, the landlord will probably be far more interested in cleaning and making repairs to get the place ready for a new renter. In the rental business time is money.
Court Summons
If you leave a property while rent is in arrears and you receive a summons to appear in small-claims court, you don't legally have to comply. There is no chance of the judge issuing a bench warrant for your arrest. Criminal court judges have that authority; not small-claims judges. The worst that will happen if you don't show up is the judge will rule against you and for the landlord without you getting a chance to present your case.
Judgments
If your case goes to small-claims court, the judge will grant the landlord a judgment against you for the amount owed. A judgment will order you to pay the amount you owe. But the enforcement of a judgment is not handled by the court that hands down the decision. It is left in the hands of the parties in the lawsuit. If you decide not to pay up, you will not be arrested, however, the landlord can take further action to collect on the judgment, which in some states could include garnishment of wages.
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