SshouldI file in small claims for unpaid rent and late fees or simply evict?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
SshouldI file in small claims for unpaid rent and late fees or simply evict?
My tenant has paid rent late every month and not paid her late fees. She has not paid lat month in full and nothing for this month. Should Ifile in small claims first or start the eviction process?
Asked on September 22, 2010 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Typically, you would evict first--regain possession of your property--then subsequently file a suit in small claims for any unpaid rent, damages not covered by the security deposit, etc. Bear in mind that if the tenant has financial difficulties--which is common in late and nonpayment of rent cases--then suing her might be an exercise in frustration. You could end up with a judgment in your favor but no means to collect, since she has no money to pay the judgment. In that case, even though you won, you actually lost, since you spent your time and at least some money (filing fees; parking at court; any copies you make; etc.) in order to not recover anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.