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  1. #1
    Join Date
    May 2012
    Location
    NJ
    Posts
    25

    Default How to Get Rent Owed by a Tenant Who Moves Out

    My question involves landlord-tenant law in the State of: New Jersey

    I rented an apartment to a family friend. She had a son and was suddenly un-employed 2 weeks after moving in. Rent was $1050.00 per mnth. No lease or security. She left with a baln of rent due in excess of $10,000.00 promising she would pay her debt in payments. That was in 8-2011 and although i know where she lives, (same town), when I call she just hangs up the phone.

    I have detailed spreadsheet with payment made, date, check number, etc.

    Is there any way I can recoup the money I am owed. She is presently working and I know the employer name and address.

    If I can file in Hudson County Court, where or what court do I file in?

    If someone can help me, I would truly appreciate it.

    Thank You!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get Rent Owed by a Tenant Who Moves Out

    If you are going to be a landlord you need to view yourself as running a business. Even if your tenant is a family friend, the day she misses her rent you serve a notice to quit. The day you are eligible to file, if she has not paid her rent, you file your eviction lawsuit. ("Aw," says your family, "But she's a friend, can't you cut her some slack?" "Sure," you respond, "If you want to personally guarantee her rent, I'll let her stay.")

    She accrued the debt in the county in which the apartment was located so you can sue her there. Once you have a judgment, if it's not paid you can explore the possibility of wage garnishment.

    Your case, by the way, is exceptional in that there appears to be a chance that you'll get some of your money back, perhaps all of it. Most cases like this end up with the landlord taking a loss.

  3. #3
    Join Date
    May 2012
    Location
    NJ
    Posts
    25

    Default Re: How to Get Rent Owed by a Tenant Who Moves Out

    Thank you very much for your reply to my question regarding past due rent.

    I was more or less forced into the position of landlord when my Mom passed and I was the only sibling living in the family home. That is why I listened to my family but I agree with you 100%.

    If I may ask you one more question, please. I compiled a spreadsheet showing amount of rent due each month and the amount of payments I received and included check numbers of her checks. The total amount of rent the tenant owes is $10,900.

    When I go to the courthouse to file this complaint, do you know what court (civil or special action parts) I would be filing this in? Another question I have is that I only have her phone number which I called, she answered and hung up on me. I tried to get her current address and paid people search for the information but when it came up it showed her current address as my family home. She moved out in August 2011, promising she would pay the back rent but never paid me another dime. I do have her work address and phone number of her employer,

    Thank you so very much for taking the time to help me. I truly appreciate your kindness.

    Thank you in advance

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: How to Get Rent Owed by a Tenant Who Moves Out

    Quote Quoting ocean51smt
    View Post
    Thank you very much for your reply to my question regarding past due rent.

    I was more or less forced into the position of landlord when my Mom passed and I was the only sibling living in the family home. That is why I listened to my family but I agree with you 100%.

    If I may ask you one more question, please. I compiled a spreadsheet showing amount of rent due each month and the amount of payments I received and included check numbers of her checks. The total amount of rent the tenant owes is $10,900.

    When I go to the courthouse to file this complaint, do you know what court (civil or special action parts) I would be filing this in? Another question I have is that I only have her phone number which I called, she answered and hung up on me. I tried to get her current address and paid people search for the information but when it came up it showed her current address as my family home. She moved out in August 2011, promising she would pay the back rent but never paid me another dime. I do have her work address and phone number of her employer,

    Thank you so very much for taking the time to help me. I truly appreciate your kindness.

    Thank you in advance
    You'll need to have her REAL current address to serve papers on her. It seems to me you never got a rental application, and consequently never did a credit check on here through a tenant screening service. One value of a rental application is the tenant agrees that you are allowed to run creit reports where you can determine is new address if you need to. I don't know what databases "People Search" relies on, but is she still receiving bank statements, bills at YOUR home, and if not, you would've updated her addresses with her credit card companies, banks, and when that heppens should update the credit bureau files.

    If not, start with a simple project for a local private eye. Years ago, before tenant screening services, I hired them to pull credit reports for me, and in your case, they can, for "skip tracing" reasons. Pulling a report might be cheaper than having an investigator sit by her employer, and follow her home. Private eyes also has access to DMV databases, so if she updated her address with DMV, the private eye should be able to get at it.

    For over $10,000, I would spend a few dollars locating her, and since you have the employer's name, she's still there, it's not really "brain surgery" to figure out how to locate her.

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