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Brian Kowal Law

How can Landlords collect from Tenants after they Vacate?

How can Landlords collect from Tenants after they Vacate

Every week I receive calls from Landlords asking the same question:  How can we collect from Tenants after they vacate?  Unfortunately, some Tenants fail to pay the past due rent or cause extensive damage to the property.  This can result in substantial monetary damage to the Landlord. However, they may have issues locating the Tenant wherein they are unable to bring action against them.   The good news is that Landlords can avoid this by taking the necessary steps before a lease begins.  If you have questions about how to collect from Tenants after they Vacate, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

Tips to Help Landlords collect from Tenants after they Vacate

Landlords generally have a written yearly or monthly lease with their Tenant that states the rights and obligations of each party.    However it usually does not contain a section regarding a Tenant’s personal information.  In other words, very few leases contain a section requiring a Tenant to list the following:

  1. Employment Information: Florida Statute allows Individuals to be served at their place of employment or business.  Not only does this give a Landlord a chance to sue the former Tenant, if they obtain a Judgment, they can garnish their wages.
  2. Banking Information:  If the Landlord is successful in suing the former Tenant,  they can freeze their bank accounts.   They will then be  given documentation showing the amount in that account. Thereafter, the funds are to the Landlord after procedures are followed.
  3. Business Information:  If a Tenant owns a business(s), they should provide the location of this business and whether they are active.

Some Tenants are hesitant to provide this information but Landlords need to make it mandatory.  It may be the only way they can sue a Tenant that vacates owing past due rent or caused damage to the property.  If a Landlord is unable to locate them, their chances of collecting will be greatly diminished. If you have questions about how to collect from Tenant after they vacate, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

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