If I just evicted my tenants for past due rent, what is my next set to recover this past due rent?

UPDATED: Oct 5, 2011

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If I just evicted my tenants for past due rent, what is my next set to recover this past due rent?

I live in one state ant the property is in another. The past due rent is over $5000.

Asked on October 5, 2011 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, if the tenants had provided a security deposit, then you may apply it against the past due rent now that their tenancy has been terminated (assuming, that is, you haven't already applied it to damage to the premises). This won't cover all the rent (presumably), but it's a start.

Second, you can sue them. You may have to sue them in the state where the propery is located, since that's where the bad act or cause of action arose and its where defendants (the tenants) live. Given how much is at stake, probably the best thing to do is to retain an attorney in that county and state (if you don't know one, you can get a referral through this website, or through state or county bar associations) to bring the action for you. Good luck.

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