Can I Sue in Small Claims Court for Unpaid Rent?
The small claims court handles cases that involve small monetary amounts that make it not worthwhile to use the regular court. You may be able use the small claims court to sue your tenant and recover unpaid rent. However, before taking legal action, you should first explore other avenues of getting the unpaid rent amount.
Eligibility
If your tenant fails to pay rent, you can retain some or all of his security deposit and add any unpaid late fees, utility charges and other charges as outlined in the lease agreement. If the deposit amount is insufficient to cover the unpaid rent, you may be able to sue the tenant for the remaining amount of unpaid rent in small claims court. Before filing a claim with the small claims court, you may have to first demand the tenant to pay the balance in writing. If he doesn't respond, you can take legal action.
Month-to-Month Lease
The type of lease that you have with the tenant affects your case. If the lease is month-to-month, you can sue for the balance of the rent if the tenant provides insufficient notice before moving out. For example, if the notice period is 30 days and the tenant provides notice on the 20th of the month, the tenancy ends only on the 20th of the next month. If the tenant stays in the property after the tenancy ends, you can deduct holdover rent for each extra day.
Fixed-Term Lease
If a tenant moves out before a fixed-term lease ends, you may be able to sue him for breaking the lease. This means that you may be able to get the remaining rent amount for the rest of the lease term, minus any portion of the amount that you can reasonably recover by renting the property to a new tenant. You may also sue for advertising expenses you spend for finding a new tenant and charges for repairs and cleaning.
Other Considerations
Every state has a limit for the amount you can claim in the small claims court. If the balance of the unpaid rent exceeds this amount, you may benefit from reducing the amount to avoid having to pay the expense of going to a formal court. Before filing your claim, you need to find the tenant's new address to send legal papers. If you don't know this address, you may find it by filing a skip-trace form at the post office.
Frequently Asked Questions of the Housing Court Department
www.mass.gov Home Courts Trial Court DepartmentsThis is the website of the Massachusetts Court System. This site provides information and resources for members of the public and for attorneys.
Small Claims
www.lcmunicipalcourt.com/Court/SmallClaims.aspxWhat cases can the Licking County Small Claims Court handle? Find answers to common questions about small claims court.
How to Sue Someone in Small Claims Court eHow
www.ehow.com Legal Consumer Law Small Claims CourtHow to Sue Someone in Small Claims Court. When someone does you wrong and ends up costing you money, it's important that you get the matter resolved as quickly
How do I sue someone in small claims court across state lines ...
ask.metafilter.com/81577/How-do-I-sue-someone-in-small-claims...Jan 21, 2008 I suspect it would be a small claims issue, since the value of the item was about $540. So questions: does small claims court work across state lines?
How to Sue in Small Claims Court & Win eHow
www.ehow.com Legal Other Areas of Law Other LawsSmall claims court can be a scary experience for someone who is trying to sue another party, but it doesn't have to be. Small claims is reserved for small amounts of ...
Take 'Em to Court: Suing in Small Claims Court LegalZoom
www.legalzoom.com Lawsuits & Settlements Small ClaimsLearn about suing in small claims court at LegalZoom. ... For media inquiries or to request a LegalZoom press kit, please contact:
Louisiana Small Claims Court Information SmallClaims
www.smallclaims.com/?p=150What is the maximum amount I can sue for in Louisiana? The Louisiana small claims court limit is $3,000. This means that the maximum you can sue for in Louisiana are ...
Small Claims FAQs - CT Judicial Branch - State of Connecticut
www.jud.ct.gov/faq/smallclaims.htmlCase Look-up Directory E-Filing in Small Claims Forms How Small Claims Court Works - PDF Booklet Frequently Asked Questions. What is Small Claims Court?
How Do I Use The Small Claims Court? - State Bar of California
www.calbar.ca.gov/Public/Pamphlets/SmallClaims.aspxHow Do I Use The Small Claims Court? What kinds of disputes can I take to small claims court? Can I file a claim for any amount of money? What can I do if I am
Small Claims - How To's - California
www.monterey.courts.ca.gov/SmallClaims/HowTos.aspxHow to Prepare and File Your Claim. Before you start this section, print the checklist and forms discussed in GETTING STARTED. Have the Plaintiffs Statement ...
How to Sue Your Bank in Small Claims Court and Get Back
voices.yahoo.com/how-sue-bank-small-claims-court-get-6707334.htmlSep 08, 2010 When customer service, letter writing, and other options have been exhausted and your bank still won't give back overdraft and other fees, suing in small ...
Can I counter sue? (false allegations causing personal distress ...
www.worldlawdirect.com/forum/civil-litigation/10405-can-i-counter...Can I counter sue? (false allegations causing personal distress and anxiety) This is a discussion on Can I counter sue? (false allegations causing personal distress ...
Housing > Landlord and Tenant Rights and Responsibilities > Small ...
azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=32We need your help! Web Site Survey: So that we can better serve you, please take a couple of minutes to fill out a survey on the AZLawHelp.org website.
Frequently Asked Questions of the Housing Court Department
www.mass.gov Home Courts Trial Court DepartmentsThis is the website of the Massachusetts Court System. This site provides information and resources for members of the public and for attorneys.
50-State Chart of Small Claims Court Dollar Limits Nolo.com
www.nolo.com Small Claims CourtSmall claims court dollar limits in your state. ... Find the small claims court dollar limits for any state
Your Guide to Small Claims & Commercial Small Claims in
www.nycourts.gov/courts/10jd/suffolk/dist/smallclaimsbook.shtmlextracted and updated from Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2010) This Guide shows you how to:
New York City Small Claims Court>
www.nycourts.gov/courts/nyc/smallclaims/startingcase.shtmlIn General Where to Sue Starting the Case Electronic Filing Notifying the Defendant Preparing for Court. In General. Anyone 18 years of age or over can sue in Small ...
Small Claims Court - Office of Attorney General Bob Ferguson
www.atg.wa.gov Safeguarding Consumers Consumer Issues A-ZEach district court in the State of Washington contains a Small Claims division for the settlement of civil disputes in which damages claimed total less than $ ...
Small Claims Booklet 2010 - NYCOURTS.GOV - New York State
www.courts.state.ny.us/courts/nyc/smallclaims/pdfs/smallclaims.pdf PDF fileYour Guide to Small Claims & Commercial Small Claims in: y New York City y Nassau County y Suffolk County This Guide shows you how to: y Start your case
Small Claims Court: How To Get Your Security Deposit Back
www.legalzoom.com Lawsuits & Settlements Small ClaimsRead about how to Get Your Security Deposit Back and more at LegalZoom.com
Small Claims - small_claims_selfhelp - California Home Page
www.courtinfo.ca.gov Self-HelpLearn about going to small claims court, using instructions and guides to help you with your case. Also learn about trying to resolve your dispute out of court, and ...
Suing a Former Tenant for Unpaid Rent Nolo.com
www.nolo.com Small Claims CourtLandlords sometimes go to small claims court to sue former tenantsthose who have already moved outfor unpaid rent, when the security deposit isn't sufficient to ...
LASC - Small Claims - Torrance Superior Court
www.lasuperiorcourt.org/smallclaims/ui/whatis.aspxSmall Claims Court handles Civil cases asking for $10,000.00 or less. Small Claims Court is designed to be simple, quick, and cost less than a regular ...
0 komentar
Posting Komentar