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How to File Judgments for Non-Payment of Rent

How to File Judgments for Non-Payment of Rent

Owning rental property gives you an extra income stream that comes with great responsibility. There are rules set forth by the federal, state and local governments that dictate how you maintain your property and deal with your tenants. One of the most regulated of the landlord's responsibilities is collecting money. Occasionally you may have a tenant who will not, or can not pay their rent. This situation may leave you in a position where you need to evict your tenant. That process begins with getting a judge to confirm the debt by signing a paper called a judgment.

Instructions

    1

    Learn and follow the federal collection laws as well as those in your state. Make every effort to contact the renter. Call him at home, no more than once a week, during business hours to remind him that payment is past due. Refrain from being confrontational.

    2

    Send a certified letter to the renter every other week to inform her that you are attempting to collect the money that she owes for rent. Keep record of every conversation, letter and attempt at collection.

    3

    Keep accurate records of all dealings with the tenant. Include the original lease, receipts for payments made, a list of delinquent payments and a record of your collection attempts.

    4

    Take your records with you to the court clerk's office. Swear to a warrant in debt by making a statement, providing the court with a copy of all of your records and pay the fees associated with filing.

    5

    Review your records repeatedly to prepare for court. Attend court with copies of your records for the judge and for the defendant. Answer each of the judge's questions honestly and provide proof from your records for each answer.

    6

    Question the tenant when given the opportunity by the court. Ask questions that will lead their answers toward the fact that they signed a lease agreeing to make payments and that they have not honored that legal contract.

    7

    Wait for the judge's decision. Listen to everything the judge says without interrupting. Take notes if necessary so that you have an accurate account of the proceedings.


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