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How to Collect Rent Owed by a Former Tenant

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  • 03-02-2017, 09:03 AM
    lawfacts
    How to Collect Rent Owed by a Former Tenant
    A tenant in Virginia moved out of a rental property owing six months of rent. They entered into a written agreement with the landlord promising to repay the rent. They have not paid. How can the landlord recover the money?
  • 03-02-2017, 10:10 AM
    Mr. Knowitall
    Re: How to Collect Rent Owed by a Former Tenant
    The former landlord may file a 'warrant in debt' with the local court, and have it served upon the former tenant. The former landlord, as the plaintiff, will have to convince the court that the money is owed, through testimony, a copy of the promissory note, and any other evidence of indebtedness and nonpayment. Depending on the amount, the former landlord may opt to sue in small claims court -- but if the debt is more than $5,000 the landlord would end up waiving part of the debt.

    The landlord should consider whether it is worth the effort and investment to sue. If the former tenant has assets and a job, then it makes more sense to sue, especially if wage garnishment will be possible. If the former tenant is a world class deadbeat, then the net result of the lawsuit may be that the landlord has an uncollectable judgment to replace the uncollectable promissory note, but is also out the cost of filing and serving the lawsuit.
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