How to collect unpaid rentals and to charge for damaged property after eviction?
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How to collect unpaid rentals and to charge for damaged property after eviction?
After eviction, I have tried unsuccessfully to secure payment of what the defendants owed. Plus the defendants failed to clean up the property as they were supposed to and they really mistreated the property so that it is now uninhabitable. Security deposit isn’t enough to cover repair cost. They never respond my call. I’m about to file civil warrant and garnishment. Do I have to send an intent-to-sue letter? Can I charge them for fixing foundation lift simply because they neglected to notify me the problem? If I knew it sooner I could spend small money but now I have to spend thousands for it.
Asked on February 15, 2012 under Real Estate Law, Tennessee
Answers:
Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.
Answered 11 years ago | Contributor
You will need to file the lawsuit in the county where the former tenant now resides. Then, assuming you win and obtain a judgment, you can attempt to collect the judgment through garnishments, liens, etc.
It sounds like you can seek damages for the foundation issue, but I would have to know more facts before providing a comprehensive answer.
Paul G. Minoletti / Law Offices of Paul G. Minoletti
Answered 12 years ago | Contributor
You will need to file suit for the additional damages, particularly for the loss of income due the condition of the property. Once you obtain a judgment you can then pursue collection.
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