Re: Tenant Proof of Income - Landlord Forum thread 348426

Re: Tenant Proof of Income by Garry on September 15, 2016 @22:13

It's good you both worked out an agreement on paper, and both signed it. Now you have a document you can take to court, and very likely win a judgement against the T. Once you win, you can do what they call a "debtors exam". You can legally ask the T to bring to court (at a later date) all documents showing what the T owns (assets) such as savings and checking accounts, vehicles, and employment records and pay stubs. Then you can garnish some of those funds if need be, following your states garnishment laws. But until a judge says for them to provide their proof of income, the T does not have to provide any documents to you if they don't want to. You can always sue a person in court, but you take a chance as to what assets they have, to be able to collect what they owe you.

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Re: Tenant Proof of Income by Neil (California) on September 16, 2016 @14:10	[ Reply ]

Thanks for your reply. "Once you win, you can do what they call a "debtors exam". You can legally ask the T to bring to court (at a later date) all documents showing what the T owns (assets) such as savings and checking accounts, vehicles, and employment records and pay stubs. Then you can garnish some of those funds if need be, following your states garnishment laws." With past Tenants that I had to collect through court, it was because I already had their current proof of employment where I was able to immediately garnish their wages to collect on my judgement and bypass "debtors exam". "But until a judge says for them to provide their proof of income, the T does not have to provide any documents to you if they don't want to." What if I stipulate on the lease agreement saying during a change in employment, tenant agrees to provide updated place of employment and not necessarily income?

Re: Tenant Proof of Income by Garry on September 16, 2016 @17:32	[ Reply ]

Neil, it does not matter what your lease says. If a T decides to break any part of anybodies lease, the only way a LL can enforce the lease provisions is to go to court, and have a judge order them to comply with any given part of the lease. And even then, a T may not comply with a judges orders, so a judge has the option of holding them in contempt of court, and fining them, or even throwing them in jail. The average T is going to do what you ask, BUT, sometimes you run into someone who will only comply by having a judge tell them to.