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non-payment

I have a renter who agreed to do repairs from a storm just before they moved in and deduct it from the rent.  They did the repairs at a reseanable rate and time frame, but have not paid any rent since then, that was in August. I have served them the seven day notice and filed with the court for eviction and am waiting for the court date now.  My question is, can i still get my money since so much time has pasted?  I was in contact with them in September and they were making a deposit, but never did.  I know I should have acted sooner, but I work 60hrs a week and have two kids, a husband and household to care for also.  They now owe me $1300.00 including late fees.  Do I still have a chance in court or is the judge going to say too bad for you?

If there is a statute of limitations; I do not think it will apply in this case. Your tenant is still in there and anything that is owed should be able to be itemized. Be prepared to show proof of what the Tenant owes; bring all notices you have sent and dates and times of phone calls.
Thank you,I will make sure I have proof of everything.  I have a court date the end of this month. I'm not sure if they have been served yet, but I have been trying to contact them to see if we could prevent going to court, but they have not answered their phone or returned my messages. When I go to the house, they do not answer the door, so that just shows me they don't care.  Thanks again for the info.
You need to start the eviction process.   Contact your local court house to find your local law and how to officially get the tenants out of the property.
how do I do this if one the owner lives on the east coast, i do not have limited power of attorney, and both myself and the owner do not have the $$$ to do it? Even the paralegals & the lawyers won't talk to me because I don't have the power of attorney and I'm the one taking care of the house.  Any suggestions?
Hello Effie, I have the same situation, about non-payment...so I asked my tenants to please look for another place that they can pay, and to please be moved out by certain date...and it has worked for me. In my case I am the owner, and I had given tenants many chances & they understood and have moved out.
My tenants are leaving and they owe a lot of back rent, way more than their security deposit, we had made an agreement to do updates to house to help with back rent due, but they have not done this, so I've asked them to leave, and there are repairs I must do...that they did not do according to contract. Because they owe a large amount of money, may I keep the security deposit?
You sound like a caring & trusting person, and the renters know this and that's why they asked you.  They weren't uncomfortable asking you, and you should not feel uncomfortable about letting them know you cannot do so.  Also, they are not uncomfortable about not paying rent up to this point.  You have to understand that this is a business, and sometimes you must make hard decisions.  I know this might sound hard to you, you may even think I am heartless.  But, look at the situation you are in now.    You created this situation, not the renters.  The renters took advantage of you.  They are buying time to in order to leave.  You did not follow the business aspect of being a landlord.  As you read this, put your personal feelings aside, and think like a business person.  I absolutely never rent to anyone who does not live in the city where the rental is located.  They can get up and leave, and what your are experiencing right now is what happens.  For me, I'd cut my losses because it is causes grief and you'll probably spend more money trying to get them to pay...and you'll find they won't.  You'll come in time that the rent payment is more than the money you've spent trying to get your rental due.  I would caulk this up to a lesson learned and move on.  Linda
If you have taken them to court for eviction you can get them to release the tenants social security and you would need to contact a collector to be able to go directly to employer and get the money that the tenant owes.
I have not taken them to court. Guess I'll need to get in touch with attorney if I want my money back. Thank you for the information.
A debit or judgment does not guarantee that the debtor can or will pay.  Even if it is handed to a legal debit collector there are circumstances that will prevent them from garner sharing a debtor's pay.  Unemployment, Section 8, or many federal and state assistance programs won't allow a collector to collect unless it's from a legal pay check, savings, checking accounts or registered finances. Check further the laws in your state.
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