Most Eviction Complaints contain a single count for Possession. This means that if the Tenant fails to pay after receiving a three day notice, the Landlord can file an Eviction. This likely results in reclaiming possession of the property. While some believe that it entitles them to receive the past due rent, they must take another step. To understand how to Recover Past Due Rent in an Eviction, contact 954 Eviction Attorneys at (954) 323-2529.
Steps a Landlord should follow to try to Recover Past Due Rent in an Eviction
A Final Judgment of Eviction does not mean you will receive the past due rent. It only allows a Landlord to reclaim possession of the property. If a Tenant fails to pay and an Eviction is filed, a Landlord should include a Second Count in the Complaint. This is known as Damages or Past Due Rent. It is similar to a Breach of Contract Complaint. It states that there is a Lease and the Tenant breached it by not paying. As a result of not paying rent, the Landlord is entitled to the past due rent amount.
A Landlord needs to obtain Personal Service on the Tenant to obtain a Judgment. If they are unable to do so, the Court will not grant it. If they are able to personally serve them, the Tenant will have twenty days to respond. The Benefit is that they can regain possession while waiting to get a Judgment for damages. If a Landlord waits until the Tenant is evicted, they may have a difficult time trying to find them. Therefore, it makes sense to file an Eviction with two counts while the Tenant is still residing at the property.
Does a Judgment for Past Due Rent mean that the Tenant will pay?
It is beneficial for a Landlord to obtain a Judgment for past due rent. However, it does not mean that the Tenant will automatically pay. A Landlord may have to find out if the Tenant is employed so they can garnish their wages or freeze their bank accounts. A Landlord should try to obtain this information while the Tenant resides in the property. Additionally, to avoid losing rent, a Landlord should increase the amount of advance fees. The Lease should also be written in a way that allows the Landlord to have the option of applying the advance fees to past due rent.
To understand how a Landlord can sue for past due rent in an Eviction, contact 954 Eviction Attorneys at (954) 323-2529.