how to sue someone for back rent without a lawyer in florida

Full Answer

Can I sue someone for back rent without a Social Security number?

Yes, a social security number is not required to sue someone. You just need to serve them with the lawsuit. Since you know where the person lives, this should not be a problem. Rates will depend on the attorney you select. You can bring an action for the back rent and you can also start the process of evicting the person from your house.

Can a landlord sue a tenant to recover back rent?

Can a Landlord Sue a Tenant to Recover Back Rent? Landlords take several steps to ensure they aren’t out of pocket if a tenant stops paying. For example, you might take a deposit of two month’s rent to recover your losses if your tenant skips rent. In some cases, you may only take one.

How do I file a lawsuit in Florida without a lawyer?

Using the small claims court is a way to file a lawsuit in Florida without a lawyer, because the process is a lot quicker and more straightforward than a claim in another court.

How to sue a roommate for not paying rent?

Sue Your Roommate for Unpaid Rent 1 You Will Need Proof of Shared Responsibility for Rent. One of the most important pieces of evidence you’ll need in court (if you decide to sue) is proof that your ... 2 Send Your Roommate a Written Request for the Unpaid Rent. ... 3 Preparing to Sue. ... 4 Your Court Date. ...

How do I sue for unpaid rent in Florida?

If you're still owed money, you have the option to take the ex-tenant to Florida small claims court. Once you file the case, you ask the court to force the tenants to pay the debt in full. You can also ask the court to force them to pay interest. However, the court does not collect the money on your behalf.

Can a landlord sue for unpaid rent in Florida?

If they legally abandon the property, you may use their security deposit to pay the amount owed (within the bounds of Florida security deposit law), and if the deposit is not enough, you can sue the tenant to cover unpaid rent.

How far back can rent arrears be claimed?

6 yearsIn order to issue Court proceedings, claims for outstanding rent arrears may be made by landlords up to 6 years from the date that rent was first due, not the date the tenant left the property.

What can landlords do about unpaid rent during Covid 19?

Consider all your options. Money from federal rental assistance could cover up to 18 months of rent – including unpaid rent incurred during the COVID-19 pandemic and future rent in certain cases – when the money is available. Evicting tenants can be time-consuming and expensive.

Can a landlord evict you without a court order?

No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.

What a landlord Cannot do Florida?

According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.

Can I sue for rent arrears?

Court proceedings can be brought for the recovery of unpaid rent. In many cases the tenant will have no defence against such a claim, and summary judgment can be obtained. This will then allow all the usual means of enforcing a judgment debt, such as sending in bailiffs or attachment of earnings.

Can a landlord take you to court for rent arrears?

If you have rent arrears, your landlord may try and evict you. This is called seeking possession. To do this, in most cases they will need to follow a procedure which involves getting a court order.

How do you pursue tenants for rent arrears?

How to Get Rent Arrears From a TenantUnderstanding your Rent Arrears Landlord Rights. ... Step 1: Managing rent arrears- keep calm and make polite enquiries. ... Step 2: Send a late rent notice. ... Step 3: Send a further letter after 2 weeks and then 3 weeks. ... Step 4: Apply to the Court for possession of your property.More items...•

What do I do if my tenant stops paying rent?

If you feel in the dark about dealing with a tenant not paying, read on for our guide to the steps you should take.1 Keep a record of rent payments. ... 2 Talk to your tenants. ... 3 Write to your tenant. ... 4 Send a letter to the guarantor. ... 5 Claim possession of your property. ... 6 Go to court. ... 7 Rent arrears and court action.More items...

Can my landlord evict me?

Eviction is a legal process that must be conducted via the courts and requires an attorney. A landlord cannot evict a tenant without going through due process of law. Assuming there is a written lease agreement in place, a breach of the conditions of the lease might lead a landlord to want to cancel the lease.

Who Can Sue in Small Claims Court in Florida

If you are at least 18 years old (or an emancipated minor), you can file a claim in small claims court. Associations, partnerships, and corporation...

Dollar Limit on Florida Small Claims Cases

To bring your case in small claims court in Florida, you must be seeking to recover $5,000 or less. If you want to sue for more than the limit, you...

Suing For Something Other Than Money

With a few exceptions, small claims courts in Florida can only award money, up to the $5,000 limit. If you need an order to make someone do (or sto...

Deadline For Filing A Small Claims Case in Florida

Under Florida state law (Fla. Stat. Ann. § 95.011 et. seq.), there are limits (called statute of limitations) on the amount of time you have to bri...

Filing A Small Claims Suit in Florida

The first step in filing a small claims case is to obtain and fill out the necessary forms and pay the required fees. You’ll need some basic inform...

Working With A Lawyer in Florida Small Claims Court

An attorney can represent you in small claims court in Florida (check court rules for details). Even if you decide to represent yourself, you may w...

More Information on Small Claims Court in Florida

The Small Claims section of Florida Courts website has information and forms on court procedures and rules, including locations of local courthouse...

Questions For Your Attorney

1. Can an attorney assist me with filling out my small claims court forms? 2. What is “service” and how is it done? 3. What should I do if I can't...

What to do if you owe money to an ex-tenant in Florida?

If you’re still owed money, you have the option to take the ex-tenant to Florida small claims court. Once you file the case, you ask the court to force the tenants to pay the debt in full. You can also ask the court to force them to pay interest. However, the court does not collect the money on your behalf.

What happens if a tenant stops paying rent?

Oct 17. 2019. Landlord-Tenant Law. Landlords take several steps to ensure they aren’t out of pocket if a tenant stops paying . For example, you might take a deposit of two month’s rent to recover your losses if your tenant skips rent. In some cases, you may only take one.

How long does a tenant have to owe you rent?

If a tenant owes you at least two months in rent or disputes the contract, then a case is usually worth the effort.

Why is it important to attend small claims court?

It’s important to attend small claims court with a solid case. You should have proof that the tenant broke their contractual obligations and owes you money legitimately.

What happens if you don't have a written agreement?

While that’s better than nothing at all, it’s less likely to stand up, even in small claims court. The burden of proof is then on you to prove what the tenant owes, when, and how the tenant violated the agreement.

How long do you have to pay rent if you break a lease?

When a tenant breaks a month-to-month lease, they’ll rarely owe any more than a few weeks of pro-rated rent.

How much can you recover from a tenant?

You have the right to take your former tenant to court to recover your lost rent up to a sum of $5,000. However, you need a strategy to be successful.

What happens if you file in the wrong venue in Florida?

If you file in the wrong venue, the defendant can ask the court to dismiss the action. The Florida county court venue rules require you to file in one of the following locations: where the contract was entered into.

How long does it take to file a lawsuit in Florida?

You have a limited amount of time to bring a lawsuit, regardless of the Florida court in which you file. The statute of limitations for injury and property damage cases is four years. Oral and written contracts are four and five years, respectively. But keep in mind that the length will depend on the case type, and your suit might fall into a different category than what’s listed here.

How long does it take to get a jury trial in Florida?

A plaintiff must make the jury trial demand when filing the claim. A defendant who would like a jury must demand it within five days after service of the case notice, or at the pretrial conference.

How old do you have to be to file a small claims lawsuit in Florida?

If you are at least 18 years old (or an emancipated minor) and you’re seeking $8,000 or less, you can file a claim in small claims court. A landlord seeking an eviction can file suit in Florida County court, as well.

How much can you recover in a small claims action in Florida?

You can recover $8,000 or less in a small claims action filed in a Florida county court.

How much can a litigant recover in Florida?

Because of the relaxed procedures, the amount a litigant can recover is less than other courts. In Florida, it’s limited to $8,000 (as of February 2020). If you want more, you’ll have to go to another court. But it might not be worth it because of the complicated rules and costs of hiring an attorney.

How to be a judge?

Most people don’t enjoy appearing in front of a judge, and stress can run high. The best way to ensure that you’ll do your best is through careful preparation ahead of time. This involves: 1 preparing a compelling statement 2 gathering documents and evidence, such as contracts, credit card statements, and photographs 3 selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard 4 deciding on the order in which you will present your evidence, and 5 preparing what you will say in court.

What to do if tenant doesn't pay?

If the tenant doesn’t pay, you can garnish their wages. In some states, this is not allowed. What you need to do is contact the local “levying officer”, the Sheriff in most cases who is responsible for serving the garnishment order. You need to provide them with the name and address of the current employer of your tenant.

How to collect back rent?

How To Collect on Back Rent and Damages Not Covered by a Deposit 1 After evicting the tenant and regaining possession of the rental, you need to send them a collection letter for the total amount due. If they don’t pay you can file a lawsuit to get a judgment for the money they owe you (if the eviction didn’t include that) 2 With the money judgment against the tenant, contact the local Sheriff (or the appropriate “levying officer”), give them your tenant’s employer information, and they will serve the garnishment order to the employer. 3 Alternatively, you can sell your judgment. Don’t expect more than 6-10 cents on the dollar. 4 Another option is to contact a collection agency to deal with collecting the debt. You can hire a collection agency even without getting a money judgment. Expect to pay 50% percent commission if they collect.

How long does it take to notify a tenant of a claim?

If the deposit wasn’t enough to cover the damages and the unpaid rent, the time frame is 2-6 years.

What to do if you evict a tenant?

After evicting the tenant and regaining possession of the rental, you need to send them a collection letter for the total amount due. If they don’t pay you can file a lawsuit to get a judgment for the money they owe you (if the eviction didn’t include that) With the money judgment against the tenant, contact the local Sheriff ...

What happens if one of the roommates stops paying rent?

If one stops paying rent, the landlords can evict all of them. Each cotenant is equally responsible for paying the rent. If, however, the roommates had a document showing how much each is responsible for paying, they can seek a judgment in small claims court if one of the tenants stops paying rent.

Who to contact for money judgment against tenant?

With the money judgment against the tenant, contact the local Sheriff (or the appropriate “levying officer”), give them your tenant’s employer information, and they will serve the garnishment order to the employer.

Is oral lease enforceable?

Oral leases are enforceable despite what people think. There should be enough evidence that the tenant was paying rent. If the tenant was paying cash and the landlord did not keep a ledger, it won’t be very easy to prove that they owe back rent.

What to do if you can't sue your roommate?

Even if you're not able to sue your roommate at this time, you can take steps now that will facilitate ending the relationship as soon as possible. For example, write the roommate a letter stating that they must pay rent or leave as soon as the state of emergency is declared over. If you can carry your roommate's share of the rent for now, try to work out a plan, such as a loan or a schedule for partial payments with repayment later. Get any arrangement in writing.

What to do if your roommate doesn't respond to your letter?

If your roommate doesn't respond to your demand letter (or gives an unsatisfactory response), you'll need to decide if it's worthwhile to file a lawsuit.

What evidence do you need to sue a cotenant?

One of the most important pieces of evidence you'll need in court (if you decide to sue) is proof that your roommate or cotenant was in fact responsible for paying a share of the rent. Usually, you'll have one of the following: Lease. If you and your roommate both signed a lease with the landlord, you are considered cotenants.

What happens if you don't sign a lease agreement?

Roommate agreement. If your roommate didn't sign the lease or rental agreement, hopefully you put any agreement to share rent in writing. Alternatively, even if you are cotenants under a lease or rental agreement, you might have agreed to share rent in another writing, such as a formal contract or an email. If you don't have a written agreement ...

What is rental agreement?

Rental agreement. A rental agreement is similar to a lease, except that it establishes a shorter-term (usually month-to-month) tenancy. Cotenants under a rental agreement are most likely jointly and severally liable for rent.

What happens if my roommate doesn't show up in court?

If your roommate doesn't show up in court, the judge will normally decide in your favor after verifying that you properly served the court papers and that no one requested a postponement.

How to get a receipt for a roommate?

Even if your roommate is still living in the rental, send the letter certified mail (return receipt requested), or use a delivery service that will give you a receipt. Keep a copy of your demand letter and the delivery receipt to use in court, if necessary.

What rights do landlords have in Florida?

Florida landlords also have certain rights, such as the right to timely rent payments and for reimbursement of costs for property damage beyond “normal wear and tear”.

What happens if you don't return a security deposit in Florida?

Penalty if Not Returned on Time – Failure to properly return a security deposit may cause a Florida landlord to forfeit any right to the security deposit itself. Affected tenants may also seek damages in these situations.

How much notice do you need to raise rent in Florida?

The amount of notice needed before raising rent depends on how often rent is paid (i.e. 15 days notice for month-to-month leases). Additional fees.

What is the Florida landlord's warranty?

Florida landlords are required to provide a habitable living space , also known as the “implied warranty of habitability”. Below is a list of common items that Florida landlords are or aren’t responsible for providing where no other local housing, health or building codes exist.

What happens if repairs aren't made in Florida?

If repairs aren’t made in a timely manner, Florida tenants have certain options, such as the right to withhold rent.

How long does a small claims court in Florida last?

Florida’s small claims court can be utilized to settle certain kinds of landlord-tenant disputes valued at no more than $5,000. This includes eviction cases, which small claims court judges may hear and adjudicate. Disputes relating to a written lease have a 5 year statute of limitations in these courts, while oral lease agreements only carry a 4 year statute of limitations.

Do landlords have to disclose their lease in Florida?

All Florida landlords are required to make the following disclosures to their tenants, either within the terms of their lease or in a separate agreement:

How to sue a landlord for unpaid rent?

Landlords sometimes go to small claims court to sue former tenants–those who have already moved out–for unpaid rent, when the security deposit isn't sufficient to cover the amount. These cases arise when: 1 the tenancy is month-to-month, and the tenant has left without giving the required 30 days' notice, and 2 the tenant has a lease, but has broken it by leaving before its term is up.

Why do landlords file lawsuits?

Landlords file these lawsuits when there's considerable time left on the lease, and their reasonable efforts, if legally required (see the section above), have failed to produce a new tenant ( perhaps because the market is soft, or the rental just isn't that attractive).

What is the legal duty of a landlord if a tenant breaks a lease?

Stated in plain English, the landlord has a legal duty to try to find a new tenant as soon as reasonably possible to limit the financial loss. What all this adds up to is that a landlord whose tenant breaks a lease with no good reason is entitled to: the remaining rent due under the lease, minus.

What should a landlord bring to court?

The landlord should bring the lease or rental agreement to court and simply state the time periods for which rent is due but unpaid. Nothing else is required unless the tenant presents a defense, as discussed below.

How long do you have to give notice to move out?

Month-to-month tenants must give at least the legally required number of days' notice of their intent to move out, and must pay rent during those days. For example, if the notice period is 30 days, and the landlord receives notice on the 20th, that tenancy will end 30 days later. If the tenant pays rent on the first of the month, he or she will owe prorated rent for 20 days of the next month. If the tenant doesn't pay and simply moves out, the landlord could sue for those 20 days' worth of rent, assuming the security deposit is too small or already depleted due to needed repairs or cleaning.

What does it mean when a tenant refuses to pay rent?

Tenants who leave before the expiration of a fixed-term lease (whether or not they notify the landlord that they're leaving) and refuse to pay the remainder of the rent due under the lease are said to have "broken the lease.". This means the tenant is liable for the rent for the entire lease term ...

What happens if a tenant moves away and doesn't show up in court?

Often the tenant has moved away and doesn't bother to show up in court. If this happens, the landlord briefly states his or her case and , assuming it's credible, will win by default. Sometimes the tenant does show up but presents no real defense (often hoping only to be allowed to pay the judgment in installments).

When utilizing self-help remedies to collect unpaid back or delinquent rent, must you comply with the?

When utilizing self-help remedies to collect unpaid back or delinquent rent, you must comply with the provisions in your contract. For example, if your contract allows you to enter a residence and only retrieve sports equipment to satisfy delinquent rent, then enter and only retrieve sports equipment.

How to collect rent from tenants?

Most of your legal avenues for collecting unpaid back or delinquent rent from tenants will be defined by your rental agreement. Before you jump into or continue in the rental industry, research or pay for a good set of lease forms. Oral agreements are extremely difficult to enforce and prove in court in the event there are problems later on. A well-written lease contract will define all the specifics of a rental agreement, including the amount of rent to be paid and when the rent is due. If you as the land lord can’t establish a clear due date, you may be precluded from pursuing any rent-collection efforts.

What happens after a suit is filed?

After your suit if filed, you will have to make sure that the tenant receives notice of the suit to collect rent. Jurisdictions vary on the type of notice (person, by mail, by fax, etc.) that must be given. After proper notice is given and a court hearing is held, you can obtain a judgment for the unpaid rent.

Can you sue someone for unpaid rent?

When it comes to collecting unpaid back or delinquent rent, though the process may be frustrating, several legal options are available to you. Keep in mind that many state laws are designed to protect consumers, even the bad ones, during rent collection. To avoid counter-claims from renters you sue, follow the steps provided in your contract or the law. If you have questions about these steps, take the extra effort to consult with an attorney in your state.

Can you get an eviction notice for delinquent rent?

Many times, an eviction notice will solve the delinquent rent issue because the tenant does not want to be evicted and will pay the rent that is due. However, if self-help remedies fail, you can turn to the court system. Most rent collection disputes go through a small claims court.

Can you file a rent collection suit against a tenant?

Filing suit against a tenant for eviction or a rent collection suit requires that you pay a filing fee. Many small claims courts will provide basic filing forms. Make sure that you request the costs of filing the suit as part of your damages, because you cannot collect them if you don’t ask for them back.

Can a court order a tenant to pay back rent?

Unfortunately, to a deadbeat tenant, a court judgment ordering them to pay back rent is just a piece of paper. They won’t usually be interested in paying the past due rent until it affects what they want to do, like purchase a home or car, where an unpaid judgment will affect their financing options. Small claims judgments are only reported for a certain length of time. However, most courts have a process where you can pay a fee to extend the filing and reporting of your judgment.