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There are exceptions, of course, but small claims court is usually throwing good money after bad. We teach the following steps when you tenant vacates:
1. Most States have laws which govern the Security Deposit and most require some sort of notice be sent to the tenant if you intend to impose a claim against the deposit. It's very important to get this done right. In many states if you don't send the notice within a certain period of time, typically 15 to 30 days you forfeit your right to impose a claim and the tenant is entitled to a refund. Here is a link to the Texas statues on this point:
[http://www.texashousing.org/tt/rights/securitydeposit/statutes/statutes.htmll]
2. After properly notifying the tenant that you intend to impose a claim against the deposit and the tenant does not dispute this you "ding their credit". This is super easy and inexpensive to do. There may be sources where you live, if not, you certainly may use our resources, Click Here: [http://www.flalandlord.com/collectionagency]. Cost is about $16.00 and adds the debt to the tenant's credit report at all three credit bureaus. Sweet!
3. After that, assuming the tenant doesn't contact you, give the account to the collection agency and let them do their thing. There is no upfront cost. They will chase your guy for years if necessary to get your money. Remember, it's the only way they get paid.
4. The only way, other than dumb luck, to avoid a bad tenant is good tenant screening. Here's an article on that subject: [http://www.flalandlord.com/landlordingrealestate/38-tenantselection/74-thebigfour]. It describes the four main things you look for in a new tenant.
Good luck and write any time.
I'm glad to see this new forum. This will be very helpful to landlords everywhere.
_________________
Best regards,
Paul Howard, President
Florida Landlord Network
www.Flalandlord.Com
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