Tenant refuses to pay

[hvbnh2008]

My tenant told me he had lost his job and therefore, had to leave. I told him about a 30-day notice in accordance to law and that he still needed to pay last month rent. However, he left a few days after we'd talked without paying.

I sent him a bill for what he owes (unpaid rent of 30 days plus a late fee, etc.). He hires an attorney to write me a letter indicating he's not going to pay because the house had no heat and therefore, not liveable and that he was forced to leave. The attorney threatens to sue me if I keep harassing hims client. I just hired a professional heating company to inspect the furnace and they told me it works just fine.

Can I disregard the attorney and take the tenant to a small claim court (he owes less than $1500)? I believe attorneys are not allowed to be involved in the Small claim court. Thank you.

 

[army judge]

Do you think the deadbeat will pay you?
Small claims won't get you paid.
Small claims gives you a piece of paper on which you have to collect your judgment.
Be advised, in some states you can bring an attorney, although the attorney can't behave as in a higher court.

But, that attorney can follow through with his threat to sue you in a court if record. Then you'll have to hire an attorney to assist you. You can't hire an attorney for anything south of about $2,500. Does that make sense to attempt to collect $1,500?

 

[hvbnh2008]

Do you think the deadbeat will pay you?
Small claims won't get you paid.
Small claims gives you a piece of paper on which you have to collect your judgment.
Be advised, in some states you can bring an attorney, although the attorney can't behave as in a higher court.

But, that attorney can follow through with his threat to sue you in a court if record. Then you'll have to hire an attorney to assist you. You can't hire an attorney for anything south of about $2,500. Does that make sense to attempt to collect $1,500?

Thank you for the advice.

 

[mightymoose]

I wouldn't worry about that attorney. It sounds like the ex-tenant likely can't afford to pay the attorney to do anything more than write that letter.
Your tenant left without proper notice. He owes you.... but as said, actually getting the money from him is different than obtaining a judgment ordering him to pay.
Your attempt to collect a debt is not harassment.
Also, the tenant did not address the furnace issue properly, It is a lousy argument. Don't be intimidated by their garbage.

 

[Gail_in_Georgia]

Personally, I'd continue to pursue the Small Claims case. It's relatively inexpensive to file in these types of courts and the good news is, you seem to be aware of your former tenants new residence so that he can be served. You can represent yourself in this court.

This is unusual as so many who sneak out in the middle of the night are never to be found.

Ignore the claim that he "had" leave because the furnace did not work. He has no actual evidence to back this up should this go to court.

A judgement is good for an extended period of time. And it does end up on a tenants credit history...which sometimes helps them loosen their purse strings down the road.

Gail