QUESTION

How do I settle a breach of contract if our tenant abandoned our property?

Asked on Dec 30th, 2011 on Landlord and Tenant Law - Massachusetts
More details to this question:
This man was living with me and my husband for a year and a few months. He promised me and my family that if we helped him out, he would give us some money to help with the bills. His money came in last month and he just left. I could prove that he was living with our family through a signed document containing the promise that he made to me and my family. This man left in the middle of the night without saying anything to us.
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4 ANSWERS

Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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It sounds like you have really been had. No good turn goes unpunished, so it seems. Can you even find this guy?
Answered on Jul 02nd, 2013 at 2:54 AM

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Landlord and Tenant Law Attorney serving Avondale, AZ
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Because he no longer has possession of the rental property, you cannot file an eviction action. Your only course of action is to file a civil suit against him for breach of contract (i.e., breach of a rental agreement) and sue for damages (i.e., unpaid rent). Depending on the amount, you can sue in small claims court (under $2,500), in civil justice court (up to $10,000), or in superior court (anything over $10,000).
Answered on Jan 17th, 2012 at 8:37 AM

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Kevin Elliott Parks
You have a few options as to how to proceed. Depending on the amount owed, and how well documented it is, you can proceed either via small claims court, regular court, or simply by submitting/selling the debt to a collection agency. Which option is best, or most likely to recoup the funds as soon as possible, depends on a number of things, specifically how much the debt is, the tenants' ability to pay, your ability to locate the tenant, and of course what other defenses the tenant may have. You best bet is likely to speak with an attorney as to how best to proceed. If you can easily locate the debtor and the amount is relatively small, a collection demand letter that implicates attorneys fees could well solve the issue right away. Of course, then again, it also may not and a court proceeding may be necessary. The collection route, if available, could get you funds quicker, but ultimately to a lesser extent as you often sell these debts for pennies on the dollar. If the circumstance here is an atypically-structured landlord/tenant arrangement, which it appears to be, you may have some further legal analysis necessary and thus a collection agency may not be willing/able to take the debt in the first place.
Answered on Jan 16th, 2012 at 5:24 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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You should consult with a landlord-tenant attorney in your area to determine the viability of your claim. If you have a signed contract, have performed your obligations under the contract (providing room and board), and your tenant has failed to perform (hasn't paid what he promised to pay in exchange for room and board), then you likely have a sold claim. You must first determine if the amount he owes is worth the legal fees to recover. You may be able to recover legal fees, depending upon the laws of your state and the legal theories upon which your attorney bases your claims. You must next find this person and serve him with a complaint. Finally, you need to determine if this person will still be able to pay your claim against him should you prevail in the suit. Obtaining a judgment is often easier than collecting on it.
Answered on Jan 16th, 2012 at 4:38 PM

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