Monexy owned by Tendant

[STEPHAN]

Hi,

I live in Florida since 10 years. I am German citizen and not very familiar with some US real estate laws.

I have a rental property here in Florida. The tenants stopped paying rent. I used a company to have them evicted. This was not a lawyer, just some eviction services.

My open money was never filed. I just called the court and they told me that I could still do that.

I just don’t know how this works and if it even makes sense. The open rent is $2200. I paid about $500 plus fees for the eviction.

The wife used to work as a nurse, but is not working there anymore.

The husband worked in a correction facility, but is retired now.

I know where they moved to, but I don’t know if they still live there.

I know that they always tried to avoid getting anything served.

Am I assuming correctly that not much can be done, if I do not know where the live and work? Is it really my job to find out?

Thanks

Stephan

 

[InsaneJane]

Keep the deposit.

 

[sandyclaus]

Hi,

I live in Florida since 10 years. I am German citizen and not very familiar with some US real estate laws.

I have a rental property here in Florida. The tenants stopped paying rent. I used a company to have them evicted. This was not a lawyer, just some eviction services.

My open money was never filed. I just called the court and they told me that I could still do that.

I just don’t know how this works and if it even makes sense. The open rent is $2200. I paid about $500 plus fees for the eviction.

The wife used to work as a nurse, but is not working there anymore.

The husband worked in a correction facility, but is retired now.

I know where they moved to, but I don’t know if they still live there.

I know that they always tried to avoid getting anything served.

Am I assuming correctly that not much can be done, if I do not know where the live and work? Is it really my job to find out?

Thanks

Stephan

If you are to get your unpaid rent money back, you will have to sue.

If you need to sue, you need to know where to serve the tenant the required papers. And yes, it is your responsibility and job to find out where they are.

You could use the Postal Service to try and get a new address (if they have moved and given them a forwarding address. Use this page as a guideline on how to use the special service to get it: QSG 507 Additional Services - Ancillary Service Endorsements

Keep the deposit.

I suspect that the deposit is already a done deal.

 

[STEPHAN]

Thanks for the advice so far.

Yes, I do have the deposit of 1100.

I was out of the country, thats why it took so long to get them out, so that there is a balance.

They did not do mail forwarding.

So, it looks like I am out of luck if they are just gone ?

 

[Gail in Georgia]

OP, you do understand that as a landlord you must provide your former tenants with the status of their security deposit within a certain time period after they have vacated the rental unit:

A review of Florida's law regarding the security deposit:

"YOUR SECURITY DEPOSIT

* When you move out, your landlord must either return your deposit (plus
interest, if applicable) within 15 days of termination of the lease, or justify in
writing, within the 15 day period, why he is keeping a portion or all of the money.
The justification must be sent by certified mail to your last known mail address.

* If the notice is not sent as required within the 15-day period, the landlord
forfeits his right to impose a claim unless you failed to give proper notice prior to
vacating."


In other words, even if your tenants were evicted for non-payment of rent, you need to go through the steps of notifying them that you are keeping their security deposit for this owed rent. If you do not know their forwarding address, you send this information to their last known address (your rental property), then collect the letter and keep it in your files, unopened as evidence of your attempt to contact them.

MANY landlords fail to do this step after an eviction, automatically assuming they may simply keep the security deposit....and the final irony is that some find themselves on the losing end of a lawsuit for failing to follow the security deposit laws of their state.

Gail

 

[STEPHAN]

Thanks Gail. I thought something like that was done (its been a while), but I can find it in our documents.

This all sounds as if I should leave this case alone.

 

[STEPHAN]

I really appreciate all your help. I may have a lot of questions, but I promise that once learned, I will apply things ;-)

You to clear up a few things:

Somebody told me that I only have count one (I think that’s the eviction) and that I might not need a new address for count 2 (that’s the money part?), but it looks like this is not correct?


How should I handle such cases in future? If I have to evict someone, I will usually not have an address for him anymore. But how do I then get my money?


Can I put something in his credit history? I guess not as a private person.

Are there companies that find people?

 

[ecmst12]

You really should not be acting as a landlord until you learn the law OR hire a property manager to deal with all aspects of your rental property.

 

[STEPHAN]

When I bought my property, it had an extra house on a different lot.

What would you have done? Not buy the house? Hire a property manager for one house?

I am a landlord since many many years in Europe.

I understand that some laws are different and I understand that my lag of knowledge was expensive. But as I said, I am willing to learn. I would not ask, if I pretended to know everything.

I usually treat other people the same way I want to be treated and I had a lot of success with that.

 

[ecmst12]

I would have studied the law backwards and forwards, perhaps paid for an hour or 2 with a lawyer to go over important points and help construct a good lease, BEFORE I actually took any rent money from anyone. As a person who rented for many years, landlords who don't know the law really bug me. Being a landlord comes with obligations as well as paychecks. And besides doing a disservice to your tenants by not knowing what your obligations are, you also put your financial health at serious risk. Break the law with the wrong tenant and they will sue the pants off of you - and win!

 

[STEPHAN]

Thank you.

I will follow you advice.