How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55596
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

Good morning my tenants owe over $5k in back rent they were

This answer was rated:

Good morning my tenants owe over $5k in back rent they were served their notice to quit on 6/17. As expected I finally heard from them stating: in a few days I should b expecting a call for a reference. If that goes well they say they should b out 7/1. They go on to say going to court can take up to 7 weeks but if I give them a good reference they can b out sooner. What if I give them a good reference and they don't get the place am I in essence hurting my case? I still plan on going back to hartford on Monday to start the summons process either way. Please help?????
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. I would not let them hold you hostage. First, let me address the wife's position....she is dead wrong...they both have joint and several liability under the lease which means they are both 100% liable for the entire debt. Whatever agreement they may have between themselves is irrelevant with regard to their contractual obligation to you. Second, people like these have no intention of paying you your back rent voluntarily and they do not deserve a good reference. And, if you did give them a good reference and their new landlord discovers they were in fact not good tenants...especially when you file suit for back run the risk of the landlord suing you for the false statements. Third, I would start the process by filing the suit for eviction to get your eviction order. Once you obtain that, you can have the sheriff throw them out and you can file suit against them for all unpaid rent through the time of the actual eviction. Once the suit is filed and a judgment awarded, 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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 4 years ago.

hello, your answer does help me and my gut was already feeling that those were the answers you would have for me. i have a followup question or two. since they are "holding me hostage" as you put it so perfectly thats what it really feels like, should i just not respond to their demand, or counter with if they pay their backrent i will give them a reference. i know the reason this happened is because his unemployment ran out, they were good tenants up until then but we cannot afford to pay for them to live there any longer. the other question i have is i see you are from Texas same rules apply here in CT?

Thanks for following up. Yes, the key is getting paid. So, it would be a good idea to get your rent through the date they agree to leave in exchange for your reference. They should realize that they're going to have to pay the rent one way or the other so that by paying it now they can avoid the bad reference and the judgment on their record. And, yes, the information I provided is based on the law in CT. :)
Richard and 9 other Real Estate Law Specialists are ready to help you
Thanks so much for the positive rating and the generous bonus! I appreciate your kindness and 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:
Customer: replied 4 years ago.

no, thank you....wish i could have been more generous thank goodness for people like you that provide such a service. God bless and take care.

Thank you so much for the kind words! It's really my pleasure! And, thank you so much for your blessing....God has been so good to me!