It is a simple fact of landlord life which sometimes certain tenants don’t pay their rent or they owe money for items such as rental property harm. There are a few remedies the landlord may take to collect what’s owed. For one, landlords are permitted by state regulations to move to small claims court to collect tenant-owed debts.
Small Claims Courts
Small claims courts in all the states are meant to address problems such as debts tenants may owe landlords. Landlords go to small claims court on broken leases, unpaid rent, and also tenant-caused damages not covered by security deposits. Each country and municipality also has its own particular small claims court procedure too. Landlords are clever to be certain the tenant debt instances they take to small claims court are fair and well-prepared.
Small Debate Limits
California small claims courts restrict the quantity of damage awards being asked by plaintiffs. Individuals filing small claims cases in California are limited to $7,500 for individuals or sole proprietors and $5,000 for corporations or other entities. If you’re a landlord in California seeking more damages in the tenant than permitted by small claims courts, it is possible to file your case at the regular superior court.
Small Claims Filings
Landlords thinking about going to small claims court against burglar first must consider whether it’s practical to do so. For instance, missing a day’s work could cost you more in wages than just what small amount you’re seeking to collect from the renter. If you do decide to go to small claims court against a renter, virtually all such courts provide online tutorials and types. Additionally, small claims courts have complimentary booklets and pamphlets on the best way best to file cases.
Limitations and Fees
Small claims courts set statutes of limitation when it comes to filing instances. California small claims courts, for instance, allow four years to file a case involving breaking of a written contract such as a lease. Small claims courts also typically charge filing fees, in addition to process serving fees when you utilize the courts to serve notice on your renter. Lastly, small claims courts require observance of legal procedures, and judges often dismiss cases for failing to do so.