A couple who were renting from me moved out early (because they purchased a home) - their lease at the time would not end for another 7 months. I said they had to pay the rent until someone else moved in. They refuse to pay the rent due to me.
What steps do I need to put a lean against their home in PA?
2006-12-18 04:07:17 · 11 answers · asked by Andy 1 in Business & Finance ➔ Renting & Real Estate
Lien, not lean, and I doubt it, take 'em to court, Joe.
2006-12-18 04:19:17 · answer #1 · answered by Anonymous · 4⤊ 1⤋
Yes you do have to continue paying your rent, regardless of foreclosure status. The owner to whom you are paying rent to owns the property until the property is sold at auction or goes back to the lender(s). During this time, they still have the right to evict you for non-payment of rent. Your prospective new landlord will probably ask for a referrence from this landlord as well and it probably will not be a good one. On a bank by bank basis and it varies, but this is what will probably happen. Assuming you remain in the property until the foreclosure comes to fruition you will be evicted via a "no fault eviction" This type of eviction is one whereby the eviction was undertaken by no fault of your own, ie., lack of rent payment, nuissance, etc. The real estate agent or broker who gets the foreclosure listing will more than likely have the authorization to offer you "cash for keys." Instead of evicting you, they will offer you some amount of money in order to expedite your departure. Sometimes it will be commenserate with what you're paying in rent, your deposit or whatever is deemed reasonable by the the foreclosure bank. The offer, if they make one will not last long, so don't hold out too long... They'll just evict you out of spite at that point and now you're walking with nothing. To finish this off, yes you do have to continue to pay rent, if this is in California, you cannot be kicked out in days. The typical and legal eviction process will be enforced. I would look for a new place ASAP and put it all behind you.
2016-05-23 04:29:40 · answer #2 · answered by Wendy 4 · 0⤊ 0⤋
That depends. Did you have a written lease that stated what steps were to be taken to end the lease early ? If you did, you can sue them for 7 months worth of rent and your court costs,
if they didn't follow those steps.
If your lease was verbal, don't bother, it won't hold up in court.
It will be your word against theirs and if they can show you didn't keep the place they were renting in good enough repair or anything else to discredit you, you'd lose.
But, if you've got a written lease, you can take them to court.
You need to go over to your local small claims court office and
get the papers to fill out to sue them. (You can sue for up to
$5000 in some states.) If they owe you more than that, you'll have to get an attorney to handle it in district civil court. That will cost you a lot of money up front for court filing and attorney fees. You can settle for less and sue them in small claims for the maximum amount they allow, if you don't have the kind of money up front for
the other.
You'll need to know their full names and new address. Fill out the
paperwork and take it to the small claims court to file. You'll have to pay a filing fee up front. (This varies as to the amount.) Then you wait. They send the people you are sueing a letter and they get some time to respond. Then you get a court date. (GO or
you'll lose anyway.)
If you win, you have to file some more paperwork with the court to
collect on the judgement. Beware...in most states there is a certain amount of assets that are exempt from judgements by law. Also, even though they just bought a house, chances are they don't own it free and clear. Most likely, they are making mortage payments to a bank or mortgage company. They probably do not have any equity built up in the home, yet. If they dn't, it will not be considered an asset, because the mortage holder still is the real owner and has a lein of their own (which would take priority over yours) on the house.
Cars and trucks, if they own them free and clear, you might be able to get a lein if the vehicle wasn't exempt. If they are paying on them, forget it....they don't own them.
Jewelry...wedding bands and engagement rings....usualy exempt.
You can try to garnish their wages, if you win. But, if they can show the court that it would make it so that they would be unable to meet their necessary living expenses. The court won't in most cases issue a garnishment order. If one of them is already paying child support via a garnishment, then you'd be out of luck there too. The most you can collect in a garnishment is 15 percent of their wages over a certain amount that they are allowed to keep. Social Sceurity benefits, Unemployment, Disability benefits, VA benefits, Welfare benefits, Child support benefits, etc can not be garnished.
PA has some pretty generous exemptions, so you'd probably be out of luck.
Don't waste your time and money filing the paperwork. Just rent to someone else.
Even if you get a judgement that is essentially worthles because you can't collect, the worst thing that will happen is that it will go on their credit report and stay there for 10 years. (People get credit and live normal lives even with unpaid judgements.) Plus they could just file bankruptcy and get it discharged and then you wouldn't get any money anyway.o, you'd be out a lot in court fees.
2006-12-18 04:41:29 · answer #3 · answered by txharleygirl1 4 · 1⤊ 0⤋
You can take them to court for back rent. You won't be able to get a lien on their property unless you go through the courts. If you have a signed lease, that lease is binding. Either consult a lawyer or take it to small claims court. Good luck.
2006-12-18 04:16:12 · answer #4 · answered by Firespider 7 · 2⤊ 1⤋
First it called Lien. Yes, you can it depends on your state, there is a certain amount that is free off that, like if the house value is $250,000.00 you can't go after the first $50,000.00 so you can go after the rest off the $200,000.00, but before that you have to take them to court (small claim court) You need a judgment against them issued by the court.
You do not need a lawyer do not even start with one. When it will be a judgment against them, you have to locate the property and the county recordering office and than file the paper and record the lien with the county so they will not be able to sell or get a loan.
2006-12-18 04:23:19 · answer #5 · answered by Isabella789 4 · 2⤊ 2⤋
Usually a lean can only be put against a house when you have a claim against the house (i.e. a mechanic's lean for doing work on the house and not getting paid). I would take them to small claims court and get a settlement that way.
2006-12-18 04:10:40 · answer #6 · answered by Anonymous · 1⤊ 2⤋
you can put a lien on an ex tenants new house, you first have to wait about 3 months then go to court with documentation(original lease both parties signed to stay one year) and their new address and once the courts find the ex tenants, they can put a lien on their house. The lien Is only for the amount of money and any unpaid utilities and any damages.
2006-12-18 04:19:29 · answer #7 · answered by passion 3 · 1⤊ 2⤋
I would suggest contacting an attorney. If you do not do this in the right way the couple can and will win their case in court against you and you will gain nothing that way.
2006-12-18 04:10:03 · answer #8 · answered by I know, I know!!!! 6 · 1⤊ 2⤋
I think you should check into something called a "SHERIFF'S LEAN" it puts a lean on peoples property, hope this helps ya
2006-12-18 04:11:25 · answer #9 · answered by Anonymous · 0⤊ 2⤋
small claims court. otherwise you need a lawyer.
2006-12-18 04:17:23 · answer #10 · answered by Shark 7 · 2⤊ 1⤋