Re: Send X-Tenants directly to Collections

Re: Send X-Tenants directly to Collections by Rick (Florida) on November 3, 2009 @13:35

To answer M-Bone's reply. 1. The tenant signs a lease which is a legal contract. If they do not follow the contract they should be held liable. 2. The tenant has a formal walk through of the property which notates in detail the condition of the property at the beginning of the lease (signed by the tenant). The inspection report includes pictures. 3. After the tenant moves out more pictures are taken of the damages. 4. Itemized parts and labor bills are kept for all of the repairs.

This is what I don't understand, if I were to lease a car and not make payments the leasing company would re-possess the car and also hold me liable for the balance of the rental contract. If I did not pay my share that was agreed to in the contract I then would be brought to collections.

So what is the difference? Especially in the state of Florida where the court will not enforce payment of a judgment! I would think if the x-tenant disagrees with the collections process then it would be their responsibility to bring the landlord to court!

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Re: Send X-Tenants directly to Collections by Micah on November 3, 2009 @13:49	[ Reply ]
That has what we have all been asking. You just have to go with it. You have to go through the court system. As a plus, it will show up when the next LL runds their court history...

Re: Send X-Tenants directly to Collections by Ultimate M-Bone on November 3, 2009 @16:43

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I know what you are saying, but bypassing the court for a ruling would be like expecting the collection agency to make a ruling. What would you do, show your signed lease and pictures to the collection agency to determine if your charges are legitimate? It isn't up to them to decide how much and who owes you money. If it were so easy to turn tenants over to a collection agency, what is to stop anyone from making bogus claims and turning anyone we wish over to the collection agency? I am not saying that your ex tenants don't owe you money, I am sure they do.

Your illustration on a car repo, I don't know how it works. Do you know anyone who has been turned over to collection without a court judgment first for a leased vehical?

Any court will enforce payment on a judgment if you file a garnishment of wages or attatch their checking account. The court can give you a judgment but it's up to you to collect, and the courts even help in that if you pursue it.

Re: Send X-Tenants directly to Collections by Rick (Florida) on November 3, 2009 @17:00

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I agree with you that some unscrupulous may make a bogus claim. But in the case of a signed lease, a signed inspection report and detailed receipts there is nothing bogus about that. If the x-tenant feels the charges are bogus then they can bring the landlord to court, right?

In regards to a lease agreement on a car most work like this: "May I break my lease early? Yes, you may terminate your lease early, however, you must return the vehicle to the leasing company and you will be responsible for some or all of the remaining lease payments and in many cases a termination fee. You will also be charged for over milage and excess wear and tear on the vehicle." You can be sure if you do not make the remaining payments per the contract then you will be turned over to a collection agency. In this example there is no court proceedings! So my question is why would this not apply to landlord/tenant lease agreements?

Re: Send X-Tenants directly to Collections by OK-LL on November 3, 2009 @22:17

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If you refuse to make payments under the returned car demand, you would find yourself being sued by the leasing company -- ask me, I used to represent them. You can hire a collector to dun your tenant for rent -- it's called a PM, -- but they have to adhere to the fair credit collections act as a 3rd party collector, and if the tenant doesn't respond, you'll still have to sue. Before you have a judgment in hand, all collectors can do is threaten and cajole -- after judgment, you can garnish and seize.

Maybe Micah can loan you his cousin Guido!