Question about Collecting Tenant Excessive Damages Repair Cost in Florida

[Shannon D.]

Our tenant vacated our property, leaving extensive damages that surpass the security deposit. How can we effectively pursue the charges if the tenant refuses or ignores the responsibility to cover the repair costs?  

Also, is it legally permissible to share information about the damages with their new landlord if they don't pay within a specific timeframe? 

[Kevin Sobilo]

@Shannon D., you take them to court. Right now the tenant doesn't owe you money, you believe they owe you money and the tenant disagrees as evidenced by their failure to pay you.

Most of these sorts of cases go to small claims court where you can represent yourself and once you have a judgement in hand saying the former tenant owes an amount THEN the tenant owes you money and you can tell anyone that because its public record.

However, I would not proactively seek out the tenant's new landlord or employer or anyone else the tenant deals with to warn them. I'm not a lawyer but that kind of intentional action meant to disrupt their relationship with another could be considered tortuous interference. If they come to you to ask, you can say they owe money and show them the judgement but don't go looking for them. 

Once you have that judgement you can follow your state's laws on how to use it to collect but in MANY cases you will never collect that debt. If you are lucky that tenant will want to do something like buy a house later on and need to clear that debt to get their mortgage and then you will get paid. Otherwise many of these debts are never paid. 

[Shannon D.]

@Kevin Sobilo Thank you for your comment. After obtaining court judgment, cannot we hire a collection company to go after them?

[Kevin Sobilo]

Quote from @Shannon D.:

@Kevin Sobilo Thank you for your comment. After obtaining court judgment, cannot we hire a collection company to go after them?
 

@Shannon D., you probably can but you still likely won't collect and even if you do you'll only get a small portion. Also, some debt collection companies I think will just buy the debt from you but of course you will get a small portion.

Most tenants are not easily collectible so the prospects of getting most of your money is fairly low no matter what you do. So, put some work into it, but don't have unrealistic expectations on the outcome. 

[Scott Richbourg]

It is generally very difficult to collect money from a tenant after they have moved out.  I suggest you send them a letter/email detailed the additional costs from the damages and demand payment.  As a last resort you can file a lawsuit which will hang over them  - that is your only point of leverage.  My property manager is great in these circumstances - glad to make the intro if you are interested

[Shannon D.]

Thanks Scott, would be greatly appreciated if you give me contact information of your PM. Which areas are they providing services?