All Topics / Legal & Accounting / Has anyone had success in sueing a commercial tenant ?

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  • Profile photo of Luke TaylorLuke Taylor
    Participant
    @world-changer
    Join Date: 2005
    Post Count: 415

    Hi guys,
    i have just had a tenant break a lease on me.

    They have 1 year left and should be liable for the rent till then.
    I did just get another tenant in but had to give them 4 months rent free as this is where the market is at the moment,so should be able to get this back,also i gave them 1K less rent per year so i should be eble to claim this along with property "Make right"
    (they should have payed me for painting the unit.)
    also they ripped up the carpet etc etc
    according to my calcs they owe me around $28K minus bond that i got $7800
    plus legal costs.
    Do you guys know if its a difficult process?
    I have a personal gaurantee from the company director as well so i am thinking this should make it easier.

    would love to hear yr thoughts !

    kind regards
    Luke

    Luke Taylor | Hope Property Investing
    http://hopepropertyinvesting.com
    Email Me

    Property Support,Strategist and Buyers Agent

    Profile photo of raddlesraddles
    Member
    @raddles
    Join Date: 2006
    Post Count: 187

    Hi there
    there are a lot of factors to consider to advise you if you will have any success in recovering the money owed to you.

    Your first stop will be your solicitor who will normally undertake a search with respect to the company director to see whether there will be any money at the end of the day to recover – often proceedings don't even start if it is evident there will be no money at the end of the day.

    Another option would be to consider if you have insurance to cover this situation – as you may be able to recover – and the insurance company then chases the tenant to recover their expenses.

    I do think you need to be given informed advice from a solicitor

    thanks

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