Now that the courts have ruled to evict the tenant and the tenant has finally vacated the property, it’s time to track down those missed payments.
There are a few options available for landlords to go about collected past due rent payments. The most ideal situation occurs when the court’s “judgement” that included both the eviction of the tenant and rewards the landlord the past due rent payments. This means that the court would already awards you legal rights to the past rent and the tenant is legally required to make arrangements to pay out the outstanding rent balance.
If the local court doesn’t allow for combined cases of eviction and small claims, then a separate case will need to be filed to collect these owed funds. However, if the eviction case has already been ruled in your favorite, it is extremely likely that the second case will also be ruled in the landlord’s favor. Also, as all the relevant paperwork is already compiled for the first case, no additional time will be needed to prepare for this case.
Once the judgement has been passed, which will be delivered in a court order, this can be used to ensure that the owed funds are paid. The ideal situation would be that the tenant would make a plan with you on how they are to complete the payment and stick to it. However, this is extremely unlikely, especially as the eviction process has occurred and the tenant is most likely soured towards you.
As the judgement has made the claim to these funds legal, a landlord is allowed to present the judgement to the former tenant’s employer and receive the funds by wage garnishment. Wage garnishments means that the employer will pay the judgement directly, with the judgement having priority over the tenant when it comes to the funds the tenant earns working for the employer. A.K.A the landlord gets the funds owed directly from the employer, with the ex-tenant only receiving funds after the judgement has taken it’s share.
If the tenant does not have a current employer, then a landlord is allowed to garnish the ex-tenant’s tax refund. Which could be a slightly sweet conclusion to the ordeal, with the tenant expecting a refund of $1000 but never receiving it as these funds are paid to the judgement instead. To learn more about the how to execute tax refund garnishments, click here.
The last option for the landlord in regards to getting their back due rent payments is to consult a private debt collector. These companies will work for you to collect these funds. Also these companies will report the debt collection to major credits and with creditors knowing about the debt, it will help future landlords that do their research, as this ex-tenants credit score will now be effected by the eviction.
Once the payment has been paid in full, it is time to move on and get passed the whole situation. It’s hard to not let a bad tenant ruin your trust of future tenants. However, a smart landlord will use this situation as a learning experience and moving forward will always do their due diligence before handing the keys over. Checking credit scores, employment and landlord references, will not seem like useless busy work but essential steps in finding the correct tenant.
Check out this video for the full eviction process!
To learn more on the eviction process, check out these links below.