What legal remedies do landlords have when tenants default on their leases?
In Florida, when a tenant defaults on their lease, the landlord has several legal remedies available to them. First, the landlord can sue the tenant for back rent and other damages, such as the cost of repair, caused by the tenant’s default. Second, the landlord may take possession of the leased property and evict the tenant. Finally, the landlord may also be able to claim a lien on the tenant’s property, or the tenant’s wages in certain cases. The process of evicting a tenant begins with the landlord notifying the tenant in writing to terminate their lease for non-payment of rent, or for other reasons. The landlord must then file an eviction lawsuit with the court to gain possession of their property. If the court finds in favor of the landlord, the tenant will be given a certain number of days to move out. If they fail to do so, the landlord can then apply to the court for an order of eviction, which would allow them to take possession of the property. In addition to the above remedies, the landlord can also pursue monetary damages through the court by filing a breach of contract claim. In such cases, the court may award the landlord a monetary judgment, as well as attorney’s fees and costs if the tenant is found to have breached their lease. Finally, landlord’s may also record a lien on their tenant’s property, or place a lien on the tenant’s wages in certain cases. These remedies allow the landlord to collect on the amount owed to them, once the tenant is able to start making payments. Overall, when a tenant defaults on their lease in Florida, landlords have several legal remedies available to them, including eviction, monetary damages, and liens. It is important that landlords thoroughly evaluate the situation and seek appropriate legal assistance before taking any action.
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