Debt Collection from Tenants

[Karen Parker]

Can anyone tell me if there is a time limit on how long you can wait to take legal action against a tenant who has broken a lease and left owing back rent? At the time, the tenant had driven the property into foreclosure and my mind was more on saving the property than taking action against them. Now that I have the problem resolved, I would like to collect what is due to me. I am in Florida and the former tenant is now somewhere in Indiana. has anyone ever dealt with a similar situation than can tell me the easiest way to go about this?

[Jon Holdman]

Start with a lawyer where the property is located. He or she can at least advise you on the proper procedure and the time limits. Most should do a quick initial phone call for free or a small charge.

If you do go to court and win you will get a judgment saying she owes you the money. Nothing more. The court won't force her to make payments or anything like that. That will be up to you to track her down and get her to pay. You can take the judgment to a collection agency, and they will try to collect, for a cut. You can also put the judgment on her credit report. You hope will be that at some point she wants to buy a house or a car and the judgment interferes with that, and that when that happens she contacts you and pays you off.