Landlord-Tenant

Can A Broward Landlord Collect Past Rent When A Tenant Leaves Early?

Can A Landlord Avoid Filing A Separate Lawsuit To Collect The Past Due Rent?
Can A Landlord Avoid Filing A Separate Lawsuit To Collect The Past Due Rent?

There is nothing worse when a Tenant leaves before the lease ends.  The thought of losing several months of rent can be devastating.   However, it can take years to collect due to the Landlord being unable to locate them.  Therefore, it may not be in their best interest.    If you have questions about collecting past rent when a Tenant leaves early, contact 954 Eviction Attorneys.

Should A Landlord Attempt To Recover Past Due Rent?

While there is no definitive answer, it may not be wise to try and collect.  First, they usually do not provide their new address. Most recognize that by doing so, they are opening themselves up to being sued. Therefore, a Landlord would spend time and money trying to locate them and will most likely be unsuccessful. Secondly, even if they are able to locate them, they may be unemployed.   As a result, they will be unable to garnish their wages.

Can A Landlord Avoid Filing A Separate Lawsuit To Collect The Past Due Rent?

One of the advantages of an Eviction is that you can include a separate count for damages (past due rent).  Once a Tenant fails to pay, they can serve them a 3 day notice.  If they still fail to pay, an Eviction can be filed. However, unlike an Action for possession, they have 20 days to respond.  Therefore, even if they leave during the case, a Landlord can still obtain a Judgment for past due rent.  It is important that they personally serve them if they are trying to obtain a Judgment for damages.  Failure to do so will prevent the Court from entering it.

Collecting Past Rent when a Tenant leaves early is much more complicated than it may seem.  If you have questions about trying to collect past rent in Broward or Palm Beach, contact 954 Eviction Attorneys, PLLC at 954.323.2529.

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