Small claims court offers a useful but underutilized way for small property owners to resolve monetary disputes with renters. Here's an overview of how the system works and how best to use it to your advantage.
*You represent yourself. No attorney is required, so it's a low cost solution for small-dollar disputes.
*Good documentation is key. Bring all documentation and supporting evidence.
*Provide a good contract/lease to prove your complaint is valid and contractually agreed upon.
*Provide written communications, such as letters or e-mails to document your case.
*Provide photos. Digital photos provide excellent documentation and can help the judge visualize the problem. Photos taken at both move-in and move-out inspection will convincingly document any damage done by the renter.
*Make your case before the judge. Do your home-work by establishing the sequence of events and putting your documents in order. Relax and explain to the judge why you feel you are right.
Small claims court is practical ONLY when your judgment is collectable. If the renters can't pay the rent owed, it is better to evict than obtain an unenforceable judgment. Going to small claims first would probably bar you from evicting the tenant for nonpayment of the same rent.
(Taken from Apartment Owners Association August 2008)
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