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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55311
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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What if tenant owes over $1000 back rent on move out? Ohio,

Customer Question

What if tenant owes over $1000 back rent on move out?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: No, but seems very possible.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 12 days ago.
Category: Real Estate Law
Expert:  Richard replied 12 days ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 12 days ago.

Good morning. First, if there is a security deposit, the amount owed can be taken from the security deposit. Second, if there is no security deposit, the landlord can file suit against the tenant in small claims court. This can be done without a lawyer. Filing the suit will Since he won't pay you voluntarily, you want to file suit against her to give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, the landlord becomes a judgment creditor, and if the tenant doesn’t then pay the judgment, the landlord can have the sheriff serve a summons on him for a debtor examination. That forces him to meet the landlord in court again and answer questions under oath about his assets. After that information is obtained, the landlord 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 he owns to satisfy the judgment.

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