Legal Question in Landlord & Tenant Law in Florida
Damage to Apartment
Five yrs ago my step-son (who is mentally the age of a 12 yr old) was renting an apartment with two other roommates. He left after two months to enter the Job corps program in Gainesville, FL. His adviser told him that she would assist in getting him taken off of the lease agreement. Now the landland (or collection agency) for the apartment complex is coming after my son to recoup money for the damages that the other two roommates caused during their residency at the apartment because they said he was still on the lease. My question is, can they come after my son for money without a court order or should they be going after the other two or the mother that co-signed for her son? Also, can they garnish wages from my son without a court order? Thanks for your assistance.
1 Answer from Attorneys
Re: Damage to Apartment
They can make a deduction from the security deposit, if done correctly, without a court order but that can be contested. They would need a Court Order to Garnish his wages, get the contested amount of the security deposit or seek any funds above the amount held in the security deposit. Should you have any further questions, feel free to give me a call.
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