Wednesday, October 7, 2009

Good Business or Getting Even

Human nature has a great desire to get even.  When tenants leave owing money, leave the house destroyed, leave fleas, leave garbage.   Is there any recourse?  So far, you've taken them to court and received a judgement for the money they owe.   It's been a couple of years and you haven't seen any money.  You are beginning to  expect that you will never get paid. What can you do?  You just want them to feel some pain.  You are sure that it would make you feel beter.

OK here is what you do.  Contact the tenant by mail.  In your letter; tell them that you will be sending the  tenant a 1099 miscellaneous income form and that you will be reporting the amount to the IRS. This will result in additional income to them.   In your notice to them be sure to let them know that this reported  income  may  trigger the loss of any government benefits that they now receive.    The notice may get their attention enough that they make a payment to you.   Great!  But if it doesn't, go ahead and send out the 1099.

Keep a detailed list of how you came up with the figure reported on the 1099.  Be sure to include the amount that they owe, plus interest, plus damages, plus court costs, plus clean out fee, plus, plus....   Once you have reported your loss as income to the tenant, you have given up your right to receive any monies from the tenant.  But you have received some justice.  Is this revenge, getting even?  Naw, it's just good business.

Happy Landlording!

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