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Am I required to write a demand letter for a small claims suit?
Anonymous6 views4 answers
My former tenant broke her lease after seven months. I wanted her to move out due to her inability to pay, but she moved out owing 3 months rent and left the house damaged and dirty. My rough estimate is $5000+ in owed rent, cleaning and repair. Am I required to send her a demand letter prior to suing her listing what is owed and how much? I prefer not to tip her off, and would prefer the summons be the only heads up notice of the suit. Also is there a rule on how much time I must give her to respond or pay? I know she will not pay, but I want the judgment to be on her record because I think she has done this in the past.
Robert ArmstrongContracts / Agreements LawyerRaleigh, NC ·
No, you would not be required to send her a demand letter if you are just seeking a judgment for money owed. You could go ahead and file the small claims action against her. It wouldn't be a bad idea to send a demand concurrently with the summons so that you have documentation outlining the amount of the debt owed and an itemized accounting of the debt. Once you file the small claims action a trial date will be set no later than 30 days from the date the action is commenced. There would not be a requirement that you allow the person a set amount of time to pay, obviously if she paid what was owed before the trial date you would need to dismiss the action. You both will need to show up and you will need to prove your case and your former tenant will be able to assert any defenses. The back of the small claims form has helpful directions that you must follow, so be sure to read that carefully.
I would say there is a need to itemize the damages i order to use the security deposit pursuant to NCGS 42-52. Trial by ambush is not favored. I have attached a link and am a landlord. I always itemize all damages.
Usually the point of a demand letter is to obtain satisfaction of a grievance (in your case, payment for back rent and other losses), so if you are convinced she will not pay, I do not think that strategy is necessary here. As a courtesy, I prefer sending a demand letter first, but only if I think that is an effective strategy by which to possibly satisfy my client's demands, without that client incurring litigation fees.
Attorney Armstrong's answer provides detailed answers to the rest of your questions. If you obtain a court judgement against the former tenant, it is good for ten years. It sounds like the tenant will be "judgment proof," unless she acquires real property or substantial property otherwise over the next ten years. You would need to know in which county she resides, then have the sheriff of that county execute it against her assets.
