If my 2 subtenants owe me money, what is the best way to get itback?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 2 subtenants owe me money, what is the best way to get itback?

I’m owed money quite a bit in unpaid rent/utilities/intentional damages. I’m the only name as far as signing the actual lease. They are authorized to live here and pay me directly. There are damages to carpet/walls/doors, some from neglect, some intentional(punching holes). How can I handle this? Is it possible to hold collateral?

Asked on September 23, 2010 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You could only hold  collateral if there's an agreement--essentially, a security agreement--that certain belongings or assets are collateral for a debt. Otherwise, without such an agreement, it would be a form of theft to hold someone else's property. Unfortunately, except to the extent you have a security deposit(s) from these tenants, to which you could look for payment of certain amounts owed (e.g. the cost of repairs), you only option may be  to sue the tenants for unpaid sums pursuant to whatever sublease (written or oral) you have with them. If they are violating their sublease, you could also look to evict them, such as for nonpayment of rent. So one way or another, unless you have that security agreement, you are very  likely going to court to get either the money owed or possession back.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption