Some Landlords believe that when they evict a Tenant, the Court will also award them the past due rent. Unfortunately, that is not always the case. While it may be difficult, there are ways a Landlord can try to recover the past due rent. To learn how a Broward Landlord Can Recover Past Due Rent, contact our office today.
How a Broward Landlord Can Recover Past Due Rent?
1. Need to Place a Claim on the Tenant’s Security Deposit
At the beginning of a lease, the Tenant usually gives first and last month’s rent and a Security Deposit. Once a Tenant vacates, the Landlord has 15 days to return the Deposit or 30 days to place a claim on it. The claim could be due to damages caused by the Tenant or Attorney’s fees spent as a result of an Eviction. Upon receiving the claim, the Tenant has 15 days to object. If this occurs, the Landlord can file a lawsuit to recover the Deposit. If the Landlord is successful, the Court will award them the deposit plus Attorney’s fees they spent. Although the Landlord only recovers the deposit, they will at least receive some of the money that they are owed by the Tenant.
2. Filing an Action against the Tenant for Past Due Rent
When a Landlord files an Eviction, they usually sue only to remove the Tenant. They generally do not include a Count for damages. In an Eviction Action, damages refer to past due rent. If the Landlord decides to sue for past due rent after the Tenant vacates, a Tenant has 20 days to respond. To be effective in a lawsuit for past due rent, 2 factors are helpful. First, they must have proof that the Tenant failed to pay the past due rent. However, if the Landlord obtained a Final Judgment for Eviction, they will have an easier time proving that rent was not paid. Secondly, they need to have an address to serve the Tenant. If they cannot serve the Tenant via personal service, they will be have to serve the Tenant via publication.
The Eviction process can be stressful for a Landlord. While they may be able to remove the Tenant, they are still owed the past due rent. Therefore, if you are a Broward Landlord owed past rent, contact 954 Eviction Attorneys, PLLC today at 954.323.2529.
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