Legal Question in Real Estate Law in California

Rent Collection form a Ex Tenant

Hi There,

My Tenant ran away before her lease even got completed. The Deposited I had was used in fixing the house and I even paid form my pocket. The house is vacant for three month. I don't have her address. How can I collect my damages and rent her. All i know that she is in Arizona.

Thanks,

Norm


Asked on 8/19/08, 7:34 pm

1 Answer from Attorneys

Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: Rent Collection form a Ex Tenant

It is a tough situation for you. For you to get the lost rent, you'll have to sue her. Run a skip trace on her to locate her present whereabouts (online services available; also most attorney service companies can do this). She is liable for rent for the term of her lease, so long as you made an attempt to mitigate your damages by trying to re-rent the house. You should weigh out the benefits of pursuing her, especially if she has no assets. You may be throwing good money after bad. Winning a lawsuit means you get a judgment, but you have to find her bank account and levy it or garnish her wages to get money. If she is renting, she most likely does not own land, but you can still record an abstract of judgment and wait for her to own and then sell or refinance real estate in that county.

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Answered on 8/20/08, 4:28 am


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