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  1. #1
    Join Date
    Apr 2020
    Posts
    1

    Default Multiple Small Claims for Unpaid Rent

    My question involves landlord-tenant law in the State of: Michigan (Wayne Co)

    We took the chance on a tenant with our commercial property. After paying the security deposit, the tenant has not paid rent at all. They strung us along with promises to pay, which they have not followed through with at all. Furthermore, they started renovations by demolishing the interior, and is now wrecked. With that being said, can we break the unpaid rent into multiple lawsuits to meet the small claims limit?

    Lawsuit 1: Jan 2019 - May 2019 @ $1000/month = $6000
    Lawsuit 2: June 2019 - December 2019 @ $1000/month = $6000
    Lawsuit 3: January 2020 - April 2020 @ $1000/month = $4000. Their lease ends this month, and we won’t renew. Unpaid utilities and fees = $2000. For a total of $6000.
    Lawsuit 4: Debris cleanup and repairing property. Not sure what this amount will be, but maybe can include this in another lawsuit once we determine the final expenses?

    Can we have multiple lawsuits like this for the various months of unpaid rent? We do not know what final expenses will be to repair the building.

    We would consider hiring a lawyer rather than small claims, but throwing money behind one and never collecting would be tough hence small claims. Side note: How much would a lawyer charge to litigate for something like this? Would that include garnishing wages?

    It’s pretty open and shut- the tenant has acknowledged the debt in writing multiple times (please let me know if I’m wrong). Furthermore, both tenants have salaried jobs and garnishment could be possible.

    Thanks in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Multiple Small Claims for Unpaid Rent

    can we break the unpaid rent into multiple lawsuits to meet the small claims limit?
    No, sorry, it's all one action.

    How much would a lawyer charge to litigate for something like this?
    You should ask a local attorney what his rates are, but I'm guessing $250 to $400 per hour.

    Would that include garnishing wages?
    Sure, as long as you kept paying the lawyer's hourly rate.

    It’s pretty open and shut- the tenant has acknowledged the debt in writing multiple times (please let me know if I’m wrong).
    No such thing as open and shut when it comes to litigation. While you may seem to have a good chance at a judgment, collection is often a problem. And collecting $22,000 one paycheck at a time could take many, many years and you'd have to keep chasing them from job to job. And if they are eligible for bankruptcy and they have nothing to lose by going bankrupt, your debt disappears.

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