Most Landlords in Florida file Evictions to remove non-paying Tenants. The Landlord can file the Eviction if the Tenant does not pay after the 3 day notice. If the Tenant does not respond, a Final Judgment will be entered. Thereafter, the Tenant is removed by the Sherriff. Most Landlords do not proceed to recover the past due rent. They simply want to reclaim possession of their property.
While a Landlord can file an Eviction for possession, they can also sue to recover the past due rent. A Landlord can include a separate count to the Eviction Complaint. This Count is known as “Damages.” The Tenant has 20 days to respond to a count 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.
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 a Landlord is owed the past due rent, it can be difficult to collect. Even if a Judgment is entered, collecting is difficult. When a Tenant is evicted, they usually do not provide the Landlord a Forwarding Address. Further, a Tenant 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. We will help you collect on the past due rent that is owed to you. Our office is available 24 hours a day, 7 days a week and be reached at (954) 990-7552.