Lakeland, Florida - non paying tenant, how to collect money owed?

Question

So I have a tenant in a house my LLC owns in Lakeland Florida that isn't paying. He didn't pay December and was pulling my PM by the nose that he'll just be little late which became "I can't afford this place anymore so I'm moving out by the end of the month" which now became "I need a few more days to move out" which became a month and a half total time of unpaid rent and counting.

All notices have been posted on time by the PM, during the "I need a few more days to move out" I had my PM prep the eviction package which is ready to submit but she claims we need to wait another 3 days since this month's rent is now overdue so she needs to post another 3 day notice and only afterwards we can file. Strange, but this post isn't about the PM, I'll deal with that later. My PM also says it seems like we might not need to file the eviction because it seems like the tenant is packing up, if he's not out by the time we can file - I'm filing.

Now here's the point of this thread: I'm owed at least a month and a half. Tenant has about 80% of a month's rent in deposit but I'm going bet that money will go towards bringing the place back in shape. My questions are:

1. How do I have this situation recorded in his credit / rent history so that future landlords are aware of this ?

2. Tenant isn't a deadbeat, he just played our kindness and understanding (trust me that'll never happen again). How do I go after what I'm owed ?

Would love to get the help of the community about these two questions.

Thanks!

Nathan Gesner · Answer

Your property manager should be able to report the delinquent amount to a collection agency without a judgment. Make sure they report it to a collection agency that reports the delinquent amount to a credit reporting agency; not all of them do.

I would argue your PM is not acting very professional. They should have started the eviction process last month. Rent due on the first, late on X, and start the eviction on Y.

And unless there's something unique in your law, delinquent is delinquent! The PM doesn't have to wait for him to be late again this month before initiating the eviction. Your tenant is still late for last month and that's sufficient.

I would demand your PM drop the eviction paperwork immediately. The tenant will be served, they will realize the PM means business, and they'll move out. Then you can dismiss the eviction case and move forward. I would also start your search for a better property manager right now. Interview at least three, if possible.

Karen F. · Answer

You are unlikely to ever see what you're owed.  File the eviction (you're probably going to have to pay a lawyer to do it since you're not local).  Don't keep hanging on, hoping that you'll get them out without having to evict.  Ain't gonna happen.  After they're out, and you know your total damages, you can file a small claims suit, if you think there's any likelihood of collecting.

Fire the PM asap.  If you cannot figure out a better way to manage this property from afar, then sell it.

ALWAYS begin the eviction process the day that the law allows, if rent is late.  All other measures can run concurrently.

Theresa Harris · Answer

Account Closed  Your PM dropped the ball.  File the paperwork as soon as rent is late.  This is their job.  You are unlikely to ever see the money you are owed though your PM should be withholding the deposit and return that to YOU for missing rent.  I'm guessing your PM doesn't want to do the extra work for the eviction, but this is why they get paid.

Account Closed · Answer

It’s Florida so they should be filing immediately.

I’d also find a new PM once this is over.

Get them out ASAP and send them a bill for Owed rent.  You won’t ever see it. Don’t waste your time trying to get it.  Consider it a lesson learned.  Don’t make this mistake a second time.

Javier Marchena · Answer

You have the option to get an eviction done and this tenant will get that in his record. You need to spend the money but you will make sure he will be out in 30 days.

Also, the option of offering this tenant some money (court fees) to be out without an eviction. He only gets the money as soon as he is out and you have replaced the locks.

Or you have the option to keep waiting for this guy to move out.

Either way you are in a bad position. No way to collect the money owed. Even if you get the eviction and a judgment in your favor to collect, it will be very difficult to collect. Just be content with getting the house somehow decent.

Just do the best you can to get the house back in the best way possible to put it in to work again. Good luck!

Marelyn Valdes · Answer

File the eviction immediately and pay for a process server (NOT the sheriff) and pay for personal service.  They are much faster than the sheriff and you can only get a money judgement with personal service in Florida.  It's no more expensive to evict and ask for a money judgement at the same time in the same lawsuit.  In addition, it's part of the permanent record of the tenant(s).  You may never get your money back, but if you do get a money judgement file a certified copy with the clerk of court in that county and any other county where they move.  I have had the judgment paid off (with very high interest added) when a tenant went to buy a home or win a lawsuit years later.  Most go unpaid.

Gavin Welch · Answer

Your property manager stinks.. Call me if you need help I manage a lot of properties including my own..

Account Closed · Answer

I would also be happy to get information about a collection agency, possibly in the Tampa bay area.

Account Closed · Answer

Thanks for the response Theresa!The deposit is being paid to me but it doesn’t cover enough of the owed rent. Anyways this post isn’t about the PM. I was looking for info about how to go after funds owned to me and how to have the non payment put on the tenants record.

Ralph R. · Answer

@Ralph R.  Typo in above post. “Court order to pay back rent”

Lakeland, Florida - non paying tenant, how to collect money owed?

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