How to Collect Rent From Renters Who Have Moved Out

How to Collect Rent From Renters Who Have Moved Out

The law provides avenues for recovering unpaid rent from tenants who have moved out, but success in using them depends on being able to locate the tenants. There are ways to track them down if they've left without leaving a forwarding address, but even if you find them, any judgment you are able to secure against them in court won't be of any value to you if they don't have the ability to pay. It's worth weighing the cost and bother of legal action against the amount owed to see if the pursuit is worth it.

Instructions

    1

    File a claim for the amount of rent owed in small claims court in the county in which the property is located. You must file the claim before the statute of limitations expires, which is three years in some states and six years in others. If locatable, the tenant will be served with a court summons and has the option to appear to contest the claim.

    2

    Wait for the response period to expire after securing a judgment. Most states allow such a period, usually 21 days, so that the party against whom a judgment is rendered can provide full payment. After the period expires, in the absence of a response, you can actively pursue the judgment.

    3

    If you know where the tenant is, provide written notification that you are applying the security deposit against the money owed to you. Absent this notification, the tenant may have the right to counter-sue you for it if he provided you with a forwarding address.

    4

    Locate one of the tenant's cancelled rent checks, record the bank information and account number, and file a "levy of execution" with the local sheriff. This will be easier to do if you have made copies of the rent checks. If not, your bank may keep photocopies or other facsimiles of checks you have deposited in its records.

    5

    Garnish the tenant's wages by filing a garnishment form with the court that issued the judgment. A garnishment requires the tenant's employer to withhold up to 25 percent of the tenant's wages to apply toward the judgment.

    6

    Get a transcript of the judgment and file it with the county recorder. This will prevent the tenant from purchasing real estate in the county until the judgment is satisfied. In the unlikely event the tenant owns property, it will create a lien against that property. Either consequence may motivate the tenant to pay the judgment.



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