OT- bad checks and rentals

[olanna]

My daughter and her hubby have a home down near Monterey. They have been renting it to a couple, and let's just say, they haven't been on time once with their rent.

They gave them less than 30 days notice before they left, and because their checks always bounce, they refused to take checks anymore from them, only cash, cash deposit into their account with receipt or a money order.

They claimed to have deposited the July rent with late fees into the account and gave the kid's a receipt..and signed an agreement to pay for a pro-rated amount for August.

They lied..the money deposited into the account for July was in a check, which didn't clear. So now these kids are out $2000. They were calling his cell phone, but he wouldn't reply, and the same with the woman. I had a friend of mine GPS track their t-mobile number, and found the address where they were...(yea, I know, please don't tell me how wrong that was...), but the two scum bags moved to South Dakota and are staying at his Moms. Got the Mom;s phone number - and gave them a call. Of course, no return call.

What is the legal recourse? Can my daughter and her DH file a claim here?

[mistoffolees]

They wrote your kids a bad check which bounced and skipped out on a lease?

I'd go to small claims court. This one should be a slam dunk - as long as the kids have the appropriate evidence (copies of the bounced check, copy of the signed lease, etc).

Since you know where they are, you should be able to get the papers served.

Of course, actually collecting the money is a different issue. I'd consult an attorney about the odds of actually collecting anything before putting too much time into it.

[olanna]

I think what they are hoping for is a judgement, which they can collect on when they find out where these two work.  If nothing else, they want it for the record...

I told them this morning to file it with smalls claims.

[MixedBag]

I also suggest that you encourage them to "Let it go" emotionally, and press on.

I too have rental property (in my son's old town).

And many times tenants have skipped out -- working on that subject right now again as we speak.

I went and got a judgement in small claims court against one of them and was a happy camper about that.

Collecting was a whole nother story.....

I turned it into a collections agency and they said it's on her credit report.

Money?  Nope, never saw a dime and that's been about 2 years now.

Now I'm a bit more aggressive about getting non-paying tenants OUT instead of listening to sob stories.