Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Hi, had a tenant vacate my rental property after promising

Hi, had a tenant vacate...

Hi, had a tenant vacate my rental property after promising to pay on 06/30, then saying he was going to pay on 7/10, called him 7/10 and he advised me they moved out. Amount is $1050 plus carpet cleaning as was explained in lease. In addition we were on a verbal month to month based on lease as it expired last July. His basis for non payment was that I have been late on mortgage payments and assocition fees and felt he did not have to pay. My reason behind behind behind was that I was undercharging them about $350-400 per month as one tenant was my sister in law. Over time and due to medical bills I fell behind however home is not in default and assocition is now paid up. Thanks!  Also although totally my fault, we have not been in the property yet but see a lot of garbage on flors etc.  Biggest question is A), is worth going after them and B), how should I go about inspecting property...if its worth going after them

Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
7/12/2013
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified
Dear Customer,

Your tenants are responsible for all past due rent. If they do not pay you can take them to small claims court to recover the full value (the tenant may not offset rent based on the landlord's mortgage situation).

You are entitled to the carpet cleaning if it is included in the lease. The lease converts to "month to month" at the end of the lease term, and retains all of the same terms as the original written document.

To go through and evaluate the cleaning costs and damage to the unit, I will refer you to California's Department of Consumer Affairs website (I know you are in Illinois, and Illinois has some online resources as well, but the California guide is the easiest one to read and the guidelines for taking away rent apply to all 50 states): http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

(Here is a guide for Illinois, with the Illinois procedures as well: http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=75)

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified
CalAttorney2 and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Thank you for the prompt reply! For small claims(and I know it is hard to answer this), would I better off hiring a lawyer to help with process serving, etc... or at this point would it probably make it not worth taking them to court for as the cost of a lawyer's time might excede the rent. I also forgot to mention that due to my own ignorance, I was not providing receipts and they were paying cash. All I have as proof is their text messages.


 


First answer was excellent as well. thank you again!

Dear Customer,

You can take your tenant to court with or without an attorney (the Illinois attorney general has published a helpful article on small claims court procedures: http://illinoisattorneygeneral.gov/consumers/smlclaims.html).

Whether or not the case is worth it probably depends on the total damages (amount of unpaid rent, amount of cleaning costs, and any repairs that are necessary). If you go to an attorney, the attorney will be able to help make sure you meet all of the steps and requirements to get your judgment properly, while if you have the time to do it on your own, you can usually follow the procedures for this kind of case with some assistance from online resources such as the attorney general's office, the court, and this site, or from your local court's self help desk.

While not as eloquent, text messages are written documents under the evidence code.
Ask Your Own Legal Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
I have questions regarding a small claims case in California
I have questions regarding a small claims case in California where I am the defendant being accused of owing back rent to a previous landlord for which I do not owe however I have no proof to my knowl… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
275 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
An attorney is suing me in small claims court for not
an attorney is suing me in small claims court for not signing a settlement agreement in a case that i agreed to settle only after he agreed to lower his fee and expenses but then didn't do so. I refus… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
In 2017 an attorney General finding found that for an
in 2017 an attorney General finding found that for an extended time, 5 years, that a State agency created an incorrect calculation and erroneous child support balance. Im in the military and this erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,442 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I am a plaintiff in small claims court and was given a
Second opinion] I am a plaintiff in small claims court and was given a default judgment against debtors who did not appear in court. Now there is a motion to set aside the judgment. What are my rights… read more
vjna0508
vjna0508
Attorney at law
Doctoral Degree
0 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
81 satisfied customers
I recived a letter from the attorney general in the state of
I recived a letter from the attorney general in the state of ca feom a former client complaining what do I need to do ? Is this a crime investigation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x