[Florida] Final bill after claim on security - Landlord Forum thread 345210

[Florida] Final bill after claim on security by LLinFL on May 26, 2016 @13:06

I have a question I'm hoping someone will be able to help me with. My tenant broke their lease and moved out, leaving the rental a disaster (infested with bugs, holes in the walls, floors ripped, every appliance broken, doors broken, etc). I sent my notice to impose security within the time frame and also included "'This notice does not waive or limit any of the landlords right's to damages or amounts due which may exceed security deposit or amounts listed on the 'Notice of Intention to Impose Claim on Security Deposit".

I finally have the final bill together - it took months of coming up with the money to fix things a little at a time, especially since I couldn't rent it out for several months. It's been 8 months since they moved. Can I, or should I still send a final bill or should I just file in small claims court.

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Re: [Florida] Final bill after claim on security by Fred on May 26, 2016 @13:45	[ Reply ]

The tenants that I won a judgment on for damages. Never were collectable. Other than messing up there credit a few years. I had a 5000.00 dollar judgment and turned it over to a collection company, Never saw a dime. Just be happy there out. I'm trying to remove drug dealers out of my house currently. Police are of no help. Better screening next time maybe?

Re: [Florida] Final bill after claim on security

Re: [Florida] Final bill after claim on security by AnonymousFL on May 26, 2016 @17:40	[ Reply ]

If you intend to go to court, you should send a final bill. Give the tenant an opportunity to take care of it. Give them a deadline to pay the amount or to work out a satisfactory payment arrangement with you. If they fail to do so, then go to court. If you do it this way, you can at least show the court your letter stating that you made an effort to settle it OUTSIDE court. Also, as Fred commented above, in most cases collecting from past tenants is pretty rare unless they had great credit to start with. If they do contact you, you also have the option to negotiate a settlement for less (which is better than winning in court, sending it to collection, and ultimately getting nothing).

Re: [Florida] Final bill after claim on security

Re: [Florida] Final bill after claim on security by MrDan (GA) on May 30, 2016 @23:24	[ Reply ]

Although it has been many months, you are still well within the window to take action. Either the tenant or the landlord have five years from the date the tenant vacates or the claim is made on the security deposit to institute a claim against each other. Under Florida law, the parties to a written contract, such as a lease, have a 5 year statute of limitations, meaning that they each have 5 years to sue one another. A common misconception among landlords is that if the tenant does not object, the tenant has implicitly agreed to the landlord’s claim, and everything is over. While a landlord might believe this, it is not the case. A tenant can come back and file suit any time before the statue of limitations expire. So a wise landlord should keep all their documentations and contacts for any witnesses available until then.