Documents For Tenant Who Is Being Evicted
I have a tenant who did not show up to court, and she is being evicted.
Does anybody have a good letter which I could send the tenant, that she would be responsible for all my losses and for breaching the contract, it would be reported on their credit reports, and we will take legal action in order to get the money which they owe us.
Thanks in advance
I am wondering what you wish to accomplish with a letter at this point since the eviction is pending. You will winn possession of the property. In CA money judgements are awarded to cover rent issues, however other issues such as losses are not. Are you trying to avoid going to small claims to collect on the losses? If so you can write something like..
"Dear ...,
As you know I have been awarded a judgment for repossession of the property you occupy at ...
In addition, according to the laws of.. and the terms of your lease, you are responsible for the loss of rent due to the breach of the lease caused by the necessary propery repossession. You are responsible for rent until a suitable new tenant is found and moves in. You are also responsible for the following expenses associated with your tenancy.
As of this date you owe $... broken down as follows ...
Please pay this now , otherwise I will be forced to take this to court which I will win. The court judgment will be reported on your credit report, which I am sure you wish to avoid. Thank you in advance for your immediate attention to this.
Very truly yours,
YNKM"
I have very rarely collected on much after an eviction. Perhaps you will fare better.
Regards,
Ed
This is some information which was converted, from information which we gathered in different places.
To: [FIRST] [LAST]
Address: [PSTREET1]. [PCSZ]
Amount Due: $[BALANCE](Including Late Fees Thru [DATE])
YOU MAY NOT AVOID YOUR OBLIGATIONS JUST BY LEAVING!
You still owe rent even if you are evicted. You will also be liable for breach of lease charges as well, such as acceleration of full term of lease and balance due!
You will also be subject to other legal action such as seizure of personal property or garnishment of wages. We do not waive any remedies available by law or by contract. All debts will be given to our collection department and reported to the Credit Bureau as well. This will remain on your national credit history until paid or ten (10) years and follow you every time you apply for any type of credit!
PLEASE MAKE YOUR PAYMENT IMMEDIATELY AS TO AVOID THIS VERY UNPLEASANT EXPERIENCE!
If you have any other comments or other things to add please post it, it would be appreciated.
[ Edited by YNKM on Date 07/18/2005 ]