| Too few landlords use small claims court to collect | | | | shape. |
| rent or damages owed by tenants. Small claims | | | | * Make Your Case: Make your case before a |
| court is a good and perfectly useful way to | | | | judge. Have copies of all records and do your |
| collect on past due rent, damages to your | | | | homework. Spend a little time on the sequence of |
| property caused by renters and generally any | | | | events and put your documents in that order. |
| money dispute between a landlord and a tenant. | | | | Relax and explain to the judge why you feel you |
| Often, an owner can avoid this altogether with | | | | are right. |
| proper tenant screening and credit checks. | | | | * The Judgment: Once a decision has been made |
| It is also useful in resolving any disputes you may | | | | by the court there is generally an appeal period. If |
| have with contractors or vendors. Before hiring | | | | no appeal is made by the other party and the |
| be sure to have a copy of the liability and | | | | allotted appeal time has passed you can now try |
| workmen's compensation insurance policy's | | | | to collect the judgment from the tenant. |
| verified. There are limitations to small claims court. | | | | * Getting Paid: Once a judgment has been made |
| Although you do not need a lawyer there are | | | | in your favor, get a copy of the judgment and |
| limits to the dollar amount of the claim. | | | | send it to the tenant and set a required time |
| Tenant Landlord Disputes - What you Need | | | | period for payment. You may require payment if |
| Here is where good documentation really pays | | | | full or you may allow an installment schedule. If |
| off. | | | | the tenant does not pay as agreed then you |
| * Provide a good contract or lease to prove your | | | | must record the judgment |
| complaint is valid and was contractually agreed | | | | * Record It: This is a procedure which places the |
| upon between yourself and the tenant. | | | | judgment in the public record and will it vary from |
| * Bring any written communications such as letter | | | | state to state. You should record the judgment |
| or emails to document your case. Many property | | | | for all to see. It's not to be spiteful, but the |
| management companies never delete any tenant | | | | severity of having an outstanding lien against the |
| or contractor emails. | | | | tenant and documentation with credit reporting |
| * It's always a good idea to provide a tenant with | | | | agencies is the leverage that will get you your |
| a move in inspection form where the tenant can | | | | money. |
| document any damages that existed at the | | | | * Debt Collection: An industry industry whose only |
| move in. | | | | function is to collect bad debt. They often |
| * Digital photos provide excellent documentation. | | | | operate by offering to collect for a percentage of |
| Inexpensive digital cameras make a good | | | | the debt owed. Generally, there is no fee if the |
| investment and can help a judge visualize the | | | | debt is noncollectable. Note: Some tenant |
| problem. | | | | screening companies maintain "bad tenant" data |
| * A move out inspection done by yourself or a | | | | bases. We don't know how effective these are |
| staff member to document any damages to the | | | | but having the conversation with a problem |
| unit before and after the tenant has moved and | | | | tenant cant hurt. |
| digital photos of any damages that was not there | | | | States Limits to Small Claims |
| at the move in inspection. | | | | Each state will limit the amount of money claims |
| How Does it Work? | | | | that can be brought before a small claims court. |
| * No Attorney: This is a good solution for many | | | | We understand the maximum allowable amount in |
| small dollar disputes because you do not need an | | | | Kentucky is $1,500 while Alaska allows the largest |
| attorney. | | | | claim limits with $10,000. |
| * Good Documentation: Bring all documentation | | | | If you have good documentation and are relaxed |
| and supporting evidence such as copies of Lease's | | | | with a little work collecting money owed to you |
| and addendum/emails/correspondence/photo's | | | | will be successful. Most people do not want a bad |
| receipts. If your documentation is good and you | | | | reputation and only need to see you are serious |
| have good digital photos of the property before | | | | and will go the distance. |
| and after the move in, you should be in good | | | | |