How to collect unpaid rentals and to charge for damaged property after eviction?

UPDATED: Feb 15, 2012

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How to collect unpaid rentals and to charge for damaged property after eviction?

After eviction, I have tried unsuccessfully to secure payment of what the defendants owed. Plus the defendants failed to clean up the property as they were supposed to and they really mistreated the property so that it is now uninhabitable. Security deposit isn’t enough to cover repair cost. They never respond my call. I’m about to file civil warrant and garnishment. Do I have to send an intent-to-sue letter? Can I charge them for fixing foundation lift simply because they neglected to notify me the problem? If I knew it sooner I could spend small money but now I have to spend thousands for it.

Asked on February 15, 2012 under Real Estate Law, Tennessee


Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 10 years ago | Contributor

You will need to file the lawsuit in the county where the former tenant now resides.  Then, assuming you win and obtain a judgment, you can attempt to collect the judgment through garnishments, liens, etc.

It sounds like you can seek damages for the foundation issue, but I would have to know more facts before providing a comprehensive answer.

Paul G. Minoletti / Law Offices of Paul G. Minoletti

Answered 11 years ago | Contributor

You will need to file suit for the additional damages, particularly for the loss of income due the condition of the property.  Once you obtain a judgment you can then pursue collection.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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