Can a Florida Landlord Evict a Tenant and Recover Past Due Rent? YES! Most Landlords in the State of Florida utilize the residential eviction process solely to remove non-paying Tenants. If a Tenant fails to pay after being served with a Florida Three (3) Day notice, the Landlord, in most circumstances, will proceed with the filing of the Eviction Complaint that ultimately removes the Tenant from the property. An Eviction Complaint generally contains one (1) count for the return of possession of the property. The good news is that Landlords can add an additional count for damages also known as past due rent.
If the Landlord adds a second count for past due rent, the Tenant has twenty (20) days to respond to this count unlike the count for possession wherein the Tenant has only five (5) days. An action solely for removal is a quicker process and the Landlord can ultimately reclaim possession of the property within three (3) to four (4) weeks. If a Tenant contests the Landlord’s additional count for past due rent, the process can be much longer.
Collecting on Past Due Rent Judgment
While it is completely understandable that a Landlord deserves to be paid the rent that is owed to them, even if they obtain a Judgment against the Tenant for past due rent, the ability to collect on this judgment is usually extremely difficult. When a Tenant is evicted, they usually do not have any money and usually don’t provide a forwarding address. As a result of the Tenant most likely not having money to pay-off the Judgment and also not providing a forwarding address, the chances of collecting the past due rent are greatly diminished.
If you are Landlord in the State of Florida and have a non-paying Tenant, contact your Florida Eviction Attorneys of 954 Eviction Attorneys, PLLC today to learn about your rights to not only evict your Tenant, but collect on the past due rent that is owed to you. We have offices in both Palm Beach County and Broward County, we serve clients throughout the State of Florida, and our Florida Eviction Attorneys are available twenty-four (24) hours a day, seven (7) days a week. Call us today @ 954.323.2529 to see how we can assist.