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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53698
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Our tenant (Insurance Agency) left the premises leaving the

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Our tenant (Insurance Agency) left the premises leaving the property with just a small desk and several months of unpaid rent. He was there for so many years and had no active lease lately (unfortunately). Is there hope to recover unpaid rent?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Yes, the tenant is liable for all unpaid rent. Since the tenant is obviously not going to pay this voluntarily, file suit against him. Typically that's all that needs to be done because being served with the summons and risking a judgment on their record causes them to settle this prior to the hearing. But, if not, you will prevail at the hearing. Then, once the judgment is awarded in your favor, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment. You will want to name both the insurance company and the principal as defendants in your suit. Since there was no active lease, he will have difficulty claiming that the tenancy was with his entity rather than him personally.

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Customer: replied 3 years ago.


Thanks for your brief and helpful information.

You're very's my pleasure to help! Let me know as this progress if any issues come up.
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

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