Most Landlords in Florida file evictions to remove non-paying tenants. They can file the Eviction if the Tenant does not pay after the 3-day notice. If they do not respond, a Final Judgment will be entered. Thereafter, they are removed by the Sheriff if they do not leave. Most Landlords do not proceed to recover the past due rent. They simply want to reclaim possession.
Can Landlords Recover Past Rent From Tenants?
While filing an Eviction for possession, Landlords can recover past rent. They can include a separate count to the Eviction Complaint. This Count is known as “Damages”. The Tenant has 20 days to respond to a court for damages. They only have 5 days to respond to a count for possession. An Eviction that is filed only to remove a Tenant is much quicker. The Landlord can reclaim possession within 4 to 5 weeks. The Eviction will be longer if the Tenant contests the Damages Count.
Is It Easy For A Landlord Recover Past Rent?
By including the Damages Count, a Landlord saves time and money. If not included, a Small Claims Action will need to be filed. This can last 6 to 7 months. While they are owed past due rent, it can be difficult to collect. Even if a Judgment is entered, collecting is difficult. When they are evicted, they usually do not provide a Forwarding Address. Further, they may not have any assets. This can decrease the chances of collecting.
Contact the Law Office of Brian P. Kowal, PA if you need to remove a non-paying tenant. As Landlords can recover past rent that is owed to them, we employ strategies to collect. Our office is available 24 hours a day, 7 days a week, you can call us at (954) 990-7552 or you can go to the contact us page on our website.
