Often we see the misplaced expectation of getting money just because a tenant faces dispossessory action. We understand that expectation. We get it.
You had everything in place. Your lease terms were specific and flawless. You have rights to your property and that rent money, to say the least. You even have things set up where you can charge them for rent, late fees, court costs, and attorney’s fees – practically everything you can think of. And buddy, they owe it all. And now you are going to collect! Um…or not… Why?
The main factors that keep you from immediately getting your money are: the deadbeat renter who doesn’t have the money (at least they are not giving it to you,) and the legal system, which despite your needs, enforces the dispossessory through a judge – a judge who acts as he sees fit, and what he sees as fit may not fall in line with what you expect. The judge may tell the renter he owes you the money, but he may not tell the renter that at all. It depends on the circumstances of your case (to include your behavior toward the renter during the period leading up to the dispossessory). And if the judge says that you, the property owner, are entitled to money from the renter; you have to start new processes to actually collect that money because most nonpaying, soon to be evicted renters won’t suddenly come up with all that money.
It’s called an eviction for a reason. We file a dispossessory warrant for a reason. The reason is to take possession of the property – to get the house back and to get that nonpaying tenant out. Your focus needs to be on moving forward with your property and getting a new renter who will pay. The dispossessory is a tool to get that person out of your house first and maybe be granted the right to pursue them for some of your lost funds second. The money judgment at the dispossessory gives you the right to start collection proceedings, and that is an entirely separate pursuit.
Eviction is an emotional pursuit, and you want to made whole. But getting there takes time and multiple processes. Set your expectations accordingly.
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Evict Them For Me and Southern Real Estate Services DO NOT provide any legal advice. We have lawyers to whom we can refer you, or you may seek your own legal counsel.
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