how to sue someone for back rent without a lawyer

When a landlord wants to collect back rent, she can try to persuade the tenant to pay or sue the tenant in court. If she sues you, she must file the lawsuit and notify you about it. A tenant has an opportunity to fight the lawsuit at a hearing and can present evidence on his own behalf.

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Can you sue a tenant for back rent without a lease?

How to sue a roommate for not paying rent?

What can I do about back rent I owe?

 · How to Take a Tenant to Small Claims Court. If you’re still owed money, you have the option to take the ex-tenant to Florida small claims court. Once you file the case, you ask the court to force the tenants to pay the debt in full. You can also ask the court to …

Can I Sue my Landlord for not making repairs?

 · Here are the steps you can take to collect on back rent and/or damages. After evicting the tenant and regaining possession of the rental, you need to send them a collection letter for the total amount due. If they don’t pay you can file a lawsuit to get a judgment for the money they owe you (if the eviction didn’t include that)

What to do if tenant doesn't pay rent?

However, the court does not collect the money on your behalf. If the tenant doesn’t pay, you may need to ask an attorney for help. It’s important to attend small claims court with a solid case.

What happens if a tenant breaks a lease?

What You’re Owed if a Tenant Breaks a Fixed Term Lease. If a tenant signs a fixed-term lease, they must pay rent for the full-term. There are only exceptions in two cases: They left the property early for a protected reason. You found a new tenant for the rest of their term. It’s your duty as a landlord to find a new tenant for the rest ...

What happens if you sign a lease?

If a tenant signs a fixed-term lease, they must pay rent for the full-term. There are only exceptions in two cases: 1 They left the property early for a protected reason 2 You found a new tenant for the rest of their term

What happens if you don't have a written agreement?

While that’s better than nothing at all, it’s less likely to stand up, even in small claims court. The burden of proof is then on you to prove what the tenant owes, when, and how the tenant violated the agreement.

What is the burden of proof for a tenant?

The burden of proof is then on you to prove what the tenant owes, when, and how the tenant violated the agreement. The former tenant can then argue that you didn’t have a standing arrangement for them to pay a specific amount or remain in the property for a set period. If you can’t prove otherwise, the judge could rule in favor of the tenant.

Can you let a vacant house sit?

You cannot let the property sit vacant without advertising or showing it and continue to pursue the previous tenant for back rent. For example, if the tenant leaves six months into their contract, then you must look for a new tenant. If you can’t show the court that you advertised and showed the property, you may struggle to collect ...

Why is it important to have a lease?

Having a lease is particularly important if you’re seeking back rent from a month-to-month tenant who moved out. If your contract didn’t specify that they needed to provide 30 days’ notice, and they moved out abruptly, then you’ll have a harder time getting back rent. You should have rental agreements with all tenants, ...

Can you sue a tenant for unpaid rent?

You can sue tenants for unpaid rent and damages beyond what their deposit covers. When evicting a tenant, a landlord can seek possession judgment, money judgment, or both. Most property owners file for possession only because it’s less complicated and faster. But what happens after a tenant is evicted with possession judgment only and ...

What to do if tenant doesn't pay?

If the tenant doesn’t pay, you can garnish their wages. In some states, this is not allowed. What you need to do is contact the local “levying officer”, the Sheriff in most cases who is responsible for serving the garnishment order. You need to provide them with the name and address of the current employer of your tenant.

How to collect back rent?

How To Collect on Back Rent and Damages Not Covered by a Deposit 1 After evicting the tenant and regaining possession of the rental, you need to send them a collection letter for the total amount due. If they don’t pay you can file a lawsuit to get a judgment for the money they owe you (if the eviction didn’t include that) 2 With the money judgment against the tenant, contact the local Sheriff (or the appropriate “levying officer”), give them your tenant’s employer information, and they will serve the garnishment order to the employer. 3 Alternatively, you can sell your judgment. Don’t expect more than 6-10 cents on the dollar. 4 Another option is to contact a collection agency to deal with collecting the debt. You can hire a collection agency even without getting a money judgment. Expect to pay 50% percent commission if they collect.

How to garnish wages?

I’ve heard mixed reviews on the level of success regarding wage garnishment. There are a lot of conditions, for example: 1 The debtor needs to be employed. They can’t be self-employed or have LLC. 2 You can only garnish 25% of their disposable income. 3 Their income must be above the poverty line. It must exceed 30 times the minimum wage, whichever is lower. 4 Their salaries are being garnished already. 5 They are exempt from wage garnishment – for example, they are a head of household. 6 Income from social security, disability, retirement, child support, and alimony doesn’t count.

What to do if you evict a tenant?

After evicting the tenant and regaining possession of the rental, you need to send them a collection letter for the total amount due. If they don’t pay you can file a lawsuit to get a judgment for the money they owe you (if the eviction didn’t include that) With the money judgment against the tenant, contact the local Sheriff ...

Can you garnish wages if you don't pay?

The process may vary from state to state. If the tenant doesn’t pay, you can garnish their wages. In some states, this is not allowed.

Can you garnish your income?

You can only garnish 25% of their disposable income. Their income must be above the poverty line. It must exceed 30 times the minimum wage, whichever is lower. Their salaries are being garnished already. They are exempt from wage garnishment – for example, they are a head of household.

How to sue a landlord for unpaid rent?

Landlords sometimes go to small claims court to sue former tenants–those who have already moved out–for unpaid rent, when the security deposit isn't sufficient to cover the amount. These cases arise when: 1 the tenancy is month-to-month, and the tenant has left without giving the required 30 days' notice, and 2 the tenant has a lease, but has broken it by leaving before its term is up.

Can a landlord be sued for excessive rent?

In the cities in New York and California that have rent control laws, a landlord who charges illegally high rent can be sued by the tenant not only for the excess rent charged, but for a punitive amount as well (often several times the overcharge).

How long do you have to give notice to move out?

Month-to-month tenants must give at least the legally required number of days' notice of their intent to move out, and must pay rent during those days. For example, if the notice period is 30 days, and the landlord receives notice on the 20th, that tenancy will end 30 days later. If the tenant pays rent on the first of the month, he or she will owe prorated rent for 20 days of the next month. If the tenant doesn't pay and simply moves out, the landlord could sue for those 20 days' worth of rent, assuming the security deposit is too small or already depleted due to needed repairs or cleaning.

What does it mean when a tenant refuses to pay rent?

Tenants who leave before the expiration of a fixed-term lease (whether or not they notify the landlord that they're leaving) and refuse to pay the remainder of the rent due under the lease are said to have "broken the lease.". This means the tenant is liable for the rent for the entire lease term ...

Can a landlord deduct security deposit?

A landlord can deduct the total cost of these items from the tenant's security deposit (see "Security Deposit Cases," above) and sue for the remainder in small claims court.

Why do landlords file lawsuits?

Landlords file these lawsuits when there's considerable time left on the lease, and their reasonable efforts, if legally required (see the section above), have failed to produce a new tenant ( perhaps because the market is soft, or the rental just isn't that attractive).

What is a cotenant in a lease?

Tenants Suing Cotenants for Unpaid Rent. When two or more people rent property together and all sign the same rental agreement or lease, they are cotenants. Each cotenant shares the same rights and responsibilities under the lease or rental agreement.

Can you sue your roommate for unpaid rent?

If you are a roommate who holds the lease in your name, you might also be able to sue for unpaid rent. If you're sued by your landlord for unpaid rent and your roommate wasn't paying their share, you might also be able to use that as a defense. Talk to a local attorney who specializes in landlord/tenant law for more information.

What to do if tenant doesn't pay rent?

If you're a US landlord and have a tenant who isn't paying their rent, your first thought is probably to evict them. However, in most courts, an eviction doesn't do anything about the rent you're owed — it just gets the tenants out of your property. If they still don't pay you the rent they owe, you may need to sue them again.

What to do if you don't pay rent?

If they still don't pay you the rent they owe, you may need to sue them again. In some cities and states, you can take up the matter in the same housing court where evictions take place. In others, you'll need to file in the civil court in the county where your property is located.

How much can you sue for in small claims court?

Small claims court is the simplest, but you can only sue for a few thousand dollars. The maximum limit varies among states — usually somewhere between $5,000 and $10,000. If you've already evicted the tenants, the judge will probably tell you at the eviction proceedings what you need to do to collect unpaid rent.

Do you need a copy of a lease to sign?

Typically, you'll also need to attach a copy of the lease the tenants signed. You might also need a copy of your demand letter and the certified receipt. The forms will tell you what documents are required. Since you're not an attorney, some courts require your signature to be verified.

How long does it take to respond to a lawsuit?

The amount of time they have to respond varies depending on the court, but it's usually a couple of weeks. They file the answer with the court and serve you with one. If they don't file an answer to your lawsuit, you might be able to win by default, although that depends on the court you're in.

What happens if you don't file an answer to a lawsuit?

If they don't file an answer to your lawsuit, you might be able to win by default, although that depends on the court you're in. After the court receives an answer or the deadline to file an answer passes, the court will set a trial date. You'll typically get notification of the trial date in the mail.

How to sue a landlord?

When you decide to sue your landlord, take note that you are opening yourself to risks of retaliation. Nonetheless, some states have legislation that prohibits landlords from retaliating against a tenant. Generally, here are some of the reasons for suing your landlord that will hold up in court: 1 Deducting an amount or withholding your security deposit 2 Non-compliance to the state’s regulations on security deposits 3 Discrimination that violates the provisions of The Fair Housing Act 4 Including illegal clauses in the lease agreement, e.g. refusing access to service animals 5 Not reimbursing you for health and safety repairs that you paid for due to the landlord refusing to pay for them 6 Refusing to make repairs that render the unit uninhabitable, e.g. mold issues, lead paint hazard, etc. 7 Not disclosing known, existing, or previous mold issues or lead paint hazards 8 Entering a tenant’s unit without prior notice and for no legal reasons 9 Injury at the property due to landlord’s neglect 10 Evicting you illegally

Can a tenant sue a landlord?

In most cases, tenants can sue landlords in small claims court with the goal to: Have the landlord return the security deposit. Compel the landlord to keep his/her promises in rental ads. Force the landlord to reimburse rental fees or do repairs on the unit.

How to sue a landlord for a security deposit?

In most cases, tenants can sue landlords in small claims court with the goal to: 1 Have the landlord return the security deposit 2 Compel the landlord to keep his/her promises in rental ads 3 Force the landlord to reimburse rental fees or do repairs on the unit 4 Have the landlord comply with laws that require compensation of interests on security deposits

Can landlords and tenants be amicably settled?

Most landlord-and-tenant relationships start amicably, but sometimes issues happen that cannot be painlessly settled in a simple phone call or email. In serious situations, tenants may consider suing landlords to resolve the problem in court.

What are the laws that apply to rental housing?

Here are the two major federal laws that apply to rental housing: Law. Description. The Fair Housing Act. Prohibits landlords from discriminating against a tenant because of his/her race, age, gender, religion, or disability; also includes the prohibition of exclusive marketing to specific groups of people only.

What is the Fair Housing Act?

The Fair Housing Act. Prohibits landlords from discriminating against a tenant because of his/her race, age, gender, religion, or disability; also includes the prohibition of exclusive marketing to specific groups of people only. The Fair Credit Reporting Act.

Why do landlords sue?

Generally, here are some of the reasons for suing your landlord that will hold up in court: Deducting an amount or withholding your security deposit. Non-compliance to the state’s regulations on security deposits. Discrimination that violates the provisions of The Fair Housing Act.

Jonathan Phillips

Yes, a social security number is not required to sue someone. You just need to serve them with the lawsuit. Since you know where the person lives, this should not be a problem. Rates will depend on the attorney you select. You can bring an action for the back rent and you can also start the process of evicting the person from your house.#N#More

Ingrid Arnalda Morfa

I agree with my colleagues. When you file in court a social security number isn't required.

Carol Lynne Zimmerly

Dear "Can I sue a tenant w/o social security info?":#N#YES, you can sue someone without their social security number.#N#In fact, you shouldn't use it in the court papers...

What happens if a tenant refuses to pay rent?

When a tenant refuses to pay rent, moves out still owing rent or won't pay rent or vacate the rental property, you must follow the eviction procedure correctly to recover any back rent owed to you. Even if you didn't have a written agreement with the tenant and relied on an oral lease agreement, your rights as a landlord still include suing ...

What happens if you don't pay rent?

If your tenant does not pay the rent, you can serve him with a three-day pay-or-vacate notice. If he does not pay by the third full day, you can file a complaint with the court and begin the eviction process.

How long does a tenant have to give notice to move out?

Rental agreements for one year or longer must be in writing, according to California law. When your tenant wants to move out, he must give you a written 30-day notice, even under an oral rental agreement. He is responsible for paying the rent from the day of his written notice through the 30th day. Because there is no written lease agreement with a set term, the tenant is not responsible for rent past the last day of the proper notice.

Suing in Small Claims Court

In many civil matters, it's impractical to hire an attorney to sue someone on your behalf because the amounts in dispute don't justify the expense. Fortunately, every state has a court designed to remedy this problem – the small claims court.

Small Claims Court Procedures

The first thing to know about small claims courts is that they are courts where parties can resolve some types of civil disputes at low cost. Procedures vary from one jurisdiction to another, as do the types of cases allowed, but they all have certain general characteristics:

Representing Yourself in Higher Court Isn't Easy

In most cases where the amounts in dispute exceed the limits of small claims courts, you should carefully consider the time and expertise required to sue in pro per or pro se – that is, without using an attorney.

How to Prepare to Sue in a Higher Court

Describing in detail how to sue a defendant on your own in superior court is beyond the scope of this article, but there are a few general points that are essential to observe if you decide to proceed:

Can a landlord sue a tenant?

A landlord has the right to receive rent from a tenant under the terms of the rental agreement. When the tenant fails to meet his rent obligations, the landlord can, but is not required to, sue the tenant in court to try to recover the money. If you've failed to pay any of your rent, your landlord can sue you even if you've already moved out ...

What happens if you don't pay rent?

If you fail to pay on time, the landlord can not only demand that you pay all the rent due, but he can sue you to compel you to do so. The landlord can do this regardless of the kind of lease you have or whether your rental agreement is written or verbal.

What happens if a landlord wins a case?

If the landlord wins the case, the court will issue a judgment, which is a legal decree that states that the landlord is the winner of the case and the tenant owes her a specific amount of money. Advertisement.