Legal Question in Landlord & Tenant Law in Montana

non-payment of rent

I had a tenant who could not pay the rent because she was not working and she had a baby that was 6 months old. She had stated in April, of this year, she would be moving to Chicago in May. She ended up moving and her outstanding past due rent is $954. She actually informed me she just signed up for state assistance in Chicago. My question is how do I handle this overdue rent being that she has now moved out of Massachusetts to Chicago, IL? Please let me know the initial stage of legal process since this is out of state.

Thank you,

--name removed--Peixoto


Asked on 6/27/05, 11:30 am

1 Answer from Attorneys

Re: non-payment of rent

I am going to assume you do not have any security deposit. If however you do, first make a claim against it and mail the claim in writing.

As to the balance, you can file a small claims action for the past due rent and have it served upon her in Chicago. Once you get the judgment here, you can try to recover it in Chicago with a collection agency or attorney there. However, if she is getting assistance in Chicago, what do you think the likelihood is that she will be able to pay the judgment. Also if she was a Section 8 tenant you should make sure in not requiring her to pay rent for the relevant period you were not inviolation of your agreement with the PHA.

Good Luck

Read more
Answered on 6/27/05, 12:31 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Montana