Collecting Your Money

Along with the writ of restitution (also referred to writ of possession) that the court issues, you will also be awarded a judgment for all unpaid rent, costs of the suit, and attorney’s fees (if any). You will continue to accure interest on your judgment at the rate of 10% per year until paid in full.

33-362. Landlord’s lien for rent

A. The landlord shall have a lien on all property of his tenant not exempt by law, placed upon or used on the leased premises, until the rent is paid. The lien shall not secure the payment of rent accruing after the death or bankruptcy of the lessee, or after an assignment for the benefit of the lessee’s creditors.

B. The landlord may seize for rent any personal property of his tenant found on the premises, but the property of any other person, although found on the premises, shall not be liable therefor. If the tenant fails to allow the landlord to take possession of such property, the landlord may reduce the property to possession by an action to recover possession, and may hold or sell the property for the payment of the rent.

C. The landlord shall have a lien for rent upon crops grown or growing upon the leased premises, whether the rent is payable in money, articles of property or products of the premises, and also for the faithful performance of the terms of the lease, and the lien shall continue for a period of six months after expiration of the term of the lease.

D. When premises are sublet, or when the lease is assigned, the landlord shall have the same lien against the sublessee or assignee as he has against the tenant and may enforce the lien in like manner.
If you choose not to arrange a settlement with your tenant(s), or if they refuse to pay on the judgment, there are remedies available to you. Among the collection efforts readily available to you are:

levy on the former tenant’s bank account(s);
garnishing their wages, (garnishment actions follow specific procedures and processes.)
filing an “abstract of judgment” in the County Recorder’s office, and reporting a negative reference on each of the major credit reporting bureaus.