Need help with a non-paying renter

[jmg625]

I have a tenant who has not paid me rent for a garage for November or December of 2007. I have spoken with the party once, they promised a check on 12/13/07, never got it. I left 4 voicemails since, no response. I sent a certified letter on 12/26, it was signed for on 12/28.....Still no response. I got my attorney involved officially last week on the 3rd, and he is sending the tenant an "official" letter. He says we have to take the tenant to court for eviction purposes. He also said that I have to take him to small claims court as well to recover the rent he owes me. There is a good chance I will not be able to recover my legal fees from this!! Is this true??? Oh and the tenant still has all his stuff in the garage as of today. This deadbeat has cost me Nov, Dec, and now January rent. I am looking for any assistance in this matter. Do I have the right to just sell his stuff??? Can I keep him off my property for not paying rent??? Trespassing?? I really need to have him out now, so I can get the garage emptied and ready for a new tenant for Feb. Thanks in advance.

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...

Your lease could include provisions for attorneys fees as well by the way--check it closely, or perhaps re-write it going forward

[OHlandlord]

Is this garage rental a converted garage (living space) or is it storage space (for cars or boxes)? The laws are different for residential (living space) than they are for commercial (storage space). If residential, was the garage an approved unit (with a C of O) or was it an illegal unit?

This thread sounds familiar. Did this tenant move in with the occupant of the house on the same property? Was this in CA (they have specific laws)? (Or am I confusing you with a similar thread on another website?)

[jmg625]

Thanks guys for the responses so far. This is not a residence, it is one of a few garages on my property, that is used to store cars, books, whatever. I live in New Jersey, where this is taking place. To this day, I have still not heard a word from this guy, and his garage is still filled with his stuff. I am losing money by him still being in there, not able to get a new tenant in.

Thanks.

Jon

[OHlandlord]

Sorry I confused you with another poster. Your story was similar. If this is only storage space, it may not fall under residential LL-Tenant law at all, but under commercial law. Call a local LL association of a chapter of REIA (Real Estate Investers Association) near you and ask them. If it falls under commercial law, you may be able to remove his items, just as a rental storage place cleans out your cubicle after you fail to pay and they notify you of their intentions. Check this out. You may not have to evict him after all. (BTW - do you have or does your town require a permit to rent out storage areas?)