How can a landlord collect on unpaid rent?
In Florida, the law states that a landlord can collect on unpaid rent by filing a complaint in county court. The landlord must include the amount of the rent owed and the correct name and address of the tenant. The court will then issue a summons requiring the tenant to appear in court for a hearing. At the hearing, the tenant will be asked to explain why they did not pay the rent and the landlord will be able to tell their side of the story. If the tenant does not show up at the court hearing or fails to provide an acceptable explanation, the judge will issue a judgment in favor of the landlord. The judgment will require the tenant to pay the amount of rent due, including any late fees that were charged. In addition, the court may order the tenant to pay court costs and attorney fees. The landlord may then be able to collect the money through either garnishment of wages or a lien on the tenant’s property. If the tenant does not pay a judgment, the landlord may pursue a writ of garnishment to have the tenant’s wages or bank account garnished to pay the court-ordered judgment. Additionally, the landlord may file a lien with the county clerk against the tenant’s property. This lien will remain in place until the debt is paid off or the tenant sells the property, and the new owner will need to pay off the lien before they can take ownership.
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