Eviction Judgement Needed for Small Claims Case?

Eviction Judgement Needed for Small Claims Case? by Anonymous on March 27, 2012 @20:22

Do I need an eviction judgement before I can file a small claims case to gain back unpaid rent?

I was far too easy on my tenants who kept giving me sob stories. I allowed flexibility on collection of rent payments and now they have moved with 2 months of unpaid rent that cannot be allocated to the security deposit. They have moved out but they would not agree to put in writing how they plan on paying the unpaid rent.

Since I never evicted them, can I still sue them for the unpaid rent in small claims court? Will the judge be in the tenant's favor because I, the landlord, acted incompetently for being flexible with them?

[ Reply ] [ Return to forum ]

Re: Eviction Judgement Needed for Small Claims Case? by A.T.SF (CA) on March 27, 2012 @20:31	[ Reply ]

What's your State?

Re: Eviction Judgement Needed for Small Claims Case? by OK-LL on March 27, 2012 @21:42	[ Reply ]

Your lease is a contract for payments. Therefore, if the tenant has breached the lease you can sue him for the debt in small claims. This is true in every state I am aware of.

Re: Eviction Judgement Needed for Small Claims Case? by Bryan (Ia) on March 27, 2012 @23:17	[ Reply ]

No, they are for seperate things. A monetary judgement is for money. An FED is to forcably regain possession of your property. In some states the two can be combined, you can get the FED and a monetary judgement at the same time.

Re: Eviction Judgement Needed for Small Claims Case? by Anonymous on March 27, 2012 @23:18	[ Reply ]

OP here. Thank you for your responses.