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