How to File a Judgment Against a Tenant
When a landlord evicts a tenant, or when the tenant leaves a property damaged at the end of a lease, the landlord must take the tenant to court and obtain a judgment against the tenant. A judgment is a court order declaring that money is legally owed to the landlord by the tenant. The court will then enter the judgment into the court record, and the landlord may proceed to collect on the judgment.
Instructions
- 1
Provide the tenant with the legally required notice of breach or default as required by state law. If the tenant is in default of the lease, and a landlord wishes to evict the tenant, most state laws require that the tenant be given notice first and an opportunity to cure, or fix, the reason for default. State laws can generally be located online, through the local small claims court office, or at a local library.
2Draft a complaint. Many small claims courts provide fill-in-the-blank complaint and summons forms for use in an eviction or damages complaint. The complaint is the legal document used to tell the court what the allegations are against the tenant. For example, if the tenant owes back rent or has damaged the property then the landlord would include that in the complaint. The complaint must also indicate what relief the landlord is asking for, such as possession of the property or monetary damages, or both.
3Prepare a summons. The summons is the legal document that notifies the tenant that the complaint has been filed and when he must appear in court. As a rule, the court will provide the landlord with a date and time to include in the summons when the complaint is filed.
4Make at least two copies of the complaint and summons. One copy will be filed with the court and one copy will be served on the tenant. Keep a copy for yourself. File the complaint and summons. A filing fee will apply, which varies by jurisdiction.
5Serve the tenant with the complaint and summons. Methods of service will also vary by court; however, service by civil sheriff or a licensed process server, or service by certified mail, are common forms of service.
6Appear for court on the date and time set by the court. If the tenant does not appear, then a default judgment will be entered against her in most cases. If the tenant does appear, then both sides will present their case and the judge will rule. If the judge rules for the landlord, then a judgment will be entered against the tenant.
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