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. As a result, the Tenant will be removed. An Eviction Complaint generally contains one (1) count for 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. Unlike the count for possession wherein the Tenant has only five (5) days. An action 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 understandable that a Landlord deserves to be paid 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 difficult. When a Tenant is evicted, they usually do not have any money and do not provide a forwarding address. As a result of the Tenant not having money to pay-off the Judgment and not providing a forwarding address, the chances of collecting the past due rent are greatly diminished.
If you are Landlord and have a non-paying Tenant, contact your Florida Eviction Attorneys of 954 Eviction Attorneys, PLLC 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 Palm Beach and Broward County. In addition, we serve clients throughout the State of Florida. 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.