Expert: liznarr - 3/3/2009

Question
what can I do in my case the people I rented to own moved out without letting me know and didn't paid  as stated in the aggrement. They were to paid the proprty taxas for this year as because they were living there and they were to paid me the rest of the down payment in the amount of $4000. by the march 1st 2009 but they only paid part of February and now they are gone and I don't know where. What can I do if anything?

Answer
Hi,

Sorry to hear that your tenants disappeared on you.  If your tenants have left the area and owe you money, this doesn’t sound good at all.

The terms of your Lease agreement will dictate remedies you are entitled to by law, in addition to any of your local/state laws.  You may want to check with a local attorney to find out exactly what your rights are.

You can file against them in Magistrate’s or Small Claims Court, but if they have no assets and are no where to be found, you will probably just frustrate yourself.

For starters, I would try to first determine if they have any assets.  You can check this out by calling your Assessor’s and/or Treasurer’s office, checking for not only real property, but also personal property (automobiles, boats, etc.).

If you think they might be nearby, or at some point might return to your area – and the cost to obtain a judgment in Magistrate’s or Small Claims Court is not excessive – you could go ahead and present your evidence before a Judge and get a judgment of record.  If your former tenants ever returned to the area and had assets of record, you would have a basis to recover.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth