Expert: Michael Brotherton - 8/8/2007

Question
QUESTION: Can someone please give me some advice? I just got into the rental business about a year ago and I just had my 1st tennant break a 1 year lease after only 2 months and trashed my newly renovated home. Now I can not get in touch with him and I would like to either place a lawsuit against him or place a judgement against him. I really do not know what steps to take next. If anyone has experience with this please let me know. This is in Forest City Pennslyvania. Thank you for all of your help.

ANSWER: IN most states you can file an eviction or forcible detainer suit and get a judgment in the process. You must first give written notice of eviction, usually a 3 day notice to vacate premises. Then file the suit. Every state has their own landlord tenant laws and civil procedure. You may want to call your local municipal court to find out their process. You may also want to look up your states landlord tenant law and keep it handy for future reference.

Also, you will need to know where they are working and banking information if you wish to collect your money. A judgment is worthless unless you can execute on it.

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QUESTION: If the tennant already left and broke the lease what would you do since you can not serve them with eviction papers?

Answer
In most cases you may still get a judgment but you still need to locate him to collect your money. You need to know where he works to garnishee his check or know where he banks. You may look for other assets to attach. He probably had to apply for a new apartment or housing so you may be able to get a credit report to get other information. You have a legitimate business purpose in obtaining a credit report so call Trans Union and see what they require to give you a report then look for current information such as inquiries then call them for info.