System allows tenants to skip out on their rent
I am writing in response to the letter, “Win is meaningless in small claims court.” I, too, have been awarded thousands of dollars from small claims court, in Lackawanna, Buffalo and Kenmore.
As a small business owner of a property management company for the last 10 years, I have rented to countless tenants, most of whom followed the lease and I have no problems with. However, I have had to go to court to evict about 5 to 10 percent of the tenants I have had and then go to a different court to try to get my past due rent.
If they have switched jobs since they filled out the application, there is no way to collect the money. Going to court for me is very costly because I have an LLC company and am required by law to have an attorney present.
So basically, I pay my attorney to show up, since I have done all the paperwork. There are application fees for the eviction, marshal fees to deliver the eviction notice, marshal fees to perform the eviction and application fees for small claims court.
These fees are in addition to the two to four months of rent I have already lost. When I win the small claims court case, it is usually by default because the tenants never show up. Then I have to spend money to file the paperwork so I can collect the money, only to find that they switched jobs and no longer work at the place I have on record.
Something should be done with the court system! There should be a warrant of arrest for people who do not pay their rent. And information that is needed to collect the money should be given so that honest citizens who are just trying to make a living can get the money owed to them.