Can I file a lien against a renter who is behind 1600 plus damages to the house |
Answer:
Answer
You can't "file a lien" because someone didn't pay rent. You need to first sue him, in housing court or small claims court, for rent owed and damage done, in order to obtain a judgment against him for a money amount.You then have a choice to make. If he owns a house, put a lien on it. In many states you go to the registry of deeds for the county in which your ex-tenants house is. In some states you go to an official called a prothonotary - same courthouse. If in doubt, ask at your nearest courthouse.
Failing this, you could get the Sheriff to distrain (i.e. seize) some of his goods, usually starting with his car unless he has a loan that is secured on it. WARNING. You will have to pay the Sheriff, up front, to do this. If the renter has nothing worth seizing, you will be out the Sheriffs fees as well.
Of course, if he happens to own a new HOG or a medium sized yacht, go see an attorney.
One last ray of hope - if you get a judgment and he doesn't pay, that goes on his credit record as an unsatisfied judgment (often abbreviated to CCJ ). With this on his record, there are things that he can't do; one of them is get a mortgage. Many a man has paid all his debts so he can buy a house of his own.
About Tenants has a couple articles that provide guidance on this topic. The website is http://www.abouttenants.com/ and then select "articles" from the left sidebar.
Note: There are comments associated with this question. See the discussion page to add to the conversation.