Pursue legal action or let it go? - Landlord Forum thread 332515

Pursue legal action or let it go? by Wes (FL) on March 23, 2015 @15:04

My former tenants (lease ended early January) have ignored my certified mailings (Intention to impose claim on $500 security deposit, and final invoice for roughly $300)--sent to 3 separate addresses, including the address of my property.

Meanwhile, I just discovered that the company that did the initial criminal background check missed 16 convictions in the male tenant's former state of residence: a wide range of traffic violations and one criminal misdemeanor for domestic violence/bodily harm. Had I known all that, I never would have approved them.

Many things now make sense to me (e.g., the female's evasiveness about allowing me in for an inspection in November to prepare to re-rent, their lack of cooperation regarding showings, not turning up for the final walk-through, leaving the place damaged and in a filthy mess).

At this point, should I attempt any final communication with them via email or otherwise? Alert the female tenant's parents to what appears to be an abusive situation? Or just let it go and never trust criminal background checks again?

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Re: Pursue legal action or let it go? by CCRider (CA) on March 23, 2015 @15:28	[ Reply ]

Well, they owe you $300. If you go to court, they probably won't show up and you could get a default judgment. But, you'll be out the court fees. What you could do, is just use a landlord collection agency. You wouldn't be out of pocket anymore, it would show on their reports, and you might even get some money out of it someday. I never used one, but if you just Google "landlord collection agency" there are quite a few, and you don't have to get a judgment first, from what I've read. It would be like using a collection agency if you were any other business someone owed money to. They can dispute it with the credit bureau, but I don't believe that would cost you any more out of pocket either. I think that's what I'd do, rather than go out of pocket any more at this point. Oh, and regarding criminal searches - they don't always look to all other counties and states. Look to see where they search next time. I think it's up to you to give them previous addresses and decide if you want to pay to have them search all of those different counties and states.

Re: Pursue legal action or let it go?

Re: Pursue legal action or let it go? by Katiekate (New York) on March 23, 2015 @16:49	[ Reply ]

Oh, geez. Small claims in Florida is expensive, difficult, and long. You will have to pay about $100 to file and pay for the court to send certified mailing. It can be even more expensive than that if the amount is above $1,000 Then..you still have to appear for a pre-trail hearing. Then a hearing later. If you get cheated in Florida...you are going to stay cheated. This is the number one reason I stopped renting in Florida. Now I only do vacation rentals in that state.

Re: Pursue legal action or let it go? by Shaun (FL) on March 24, 2015 @09:17	[ Reply ]

I agree with Katie Kate. Small claims is expensive, and even if you win all you have done is spent more money on these people. Don't throw good money after bad. If they have not disputed the charges on the SDSS within 15 days of recieving it, keep the deposit and move on.

Re: Pursue legal action or let it go?

Re: Pursue legal action or let it go? by Brenda on March 24, 2015 @20:35	[ Reply ]

Why are you spending time on this? Get you rental ready and move on, just remember the lesson here is to increase the amount of security deposit you ask for.