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Evicting non-paying residents * don't forget $$$ for the rest of their lease!!!

By
Property Manager with Gibson Management Group, Ltd.

Up until a few years ago, Virginia had one of the lowest Small Claims court limits  * $2,500...then the VA legislature upped the limit to $5,000 and VA landlords are slowly educating themselves on how to use this court to their advantage....shortly after the increase, I had an eviction of a resident paying $1,295 with 6 months remaining on their lease...for the month they owed rent, I filed an eviction (unlawful detainer) for possession and a judgement for the deliquent rent.....at the SAME time, I filed a small claims court case for the remaining rent up to the $5,000 limit and I had BOTH suits served at the same time.  I got the eviction and they left and by the time the small claims court case was heard, I had cleaned, changed the locks and re-rented the property....I adjusted the amount downward for the monies owed above their security deposit and got a second judgement.

By doing this, I was able to serve the tenant while they were still in the rented property AND I have 2 judgements against her at 18% until paid.  I recorded both judgements and sent the judgement debtor a copy of the recording verification....she is faithfully paying me $100 per month until the judgements are paid off.

If you don't know how to use your state's Small Claims Court - Nolo Press has a paperback book on how to sue in Small Claims and state court websites have information on the forms, and court costs....go get 'em!!!

Posted by

Wallace S. Gibson is a Certified Property Manager with over 50 years of property management experience and expertise.  She maintains a specialized property management business in Central Virginia serving Albemarle, Greene, Fluvanna and Louisa counties  

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Comments (2)

Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Small claims is no good for gaining possession in California as the service takes too long and the appeal time is 30 days before the judgment is recorded.  We pay an attorney and collect those fees back in the judgment.  

For amounts owing after gaining possession, a person could sue in small claims, but it is like trying to get blood from a turnip.  We just report them to one of the credit agencies. 

Apr 23, 2008 05:22 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Bob - Agreed which is why * since I have fixed term leases * I file the UD/eviction for the current month rent AND in Small Claims for the REMAINDER of the rent under the lease.

Many NE states have "housing" court or evictions are actually done in Small Claims court or before a magistrate which is why knowing your individual state law on evictions is imperative.

Apr 24, 2008 12:05 AM