Legal Question in Landlord & Tenant Law in Florida

Small claims, security deposit

I have a tenent in Florida on a

month to month oral lease, i.e. no

written contract. He paid me 300 a

month for about 2 years. He gave

me one week notice and moved out

on the 7th of November. He never

paid me the rent. He also ruined a

carpet, dog ripped up a small patch,

and never fixed a hole in the wall.

Problem is I never claimed the rent

on my taxes. Can I take him to small

claims and expect to win if I claim his

income from this year on my next

years taxes? He never gave me a

deposit, paid me mostly in cash,

although i have some checks, maybe

5 or 6 and his mailing address was

kept at my house over that period of

time. Just don't want to get screwed

because I never claimed the taxes.


Asked on 11/12/07, 11:59 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Small claims, security deposit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

To be frank, nobody will probably ever know whether or not you reported the income to the IRS. Taking this person to court may be a waste of time and money, however. Most landlords I work with are happy to simply get their property back and do not bother to sue for monies lost as the tenants are usually uncollectable.

Scott R. Jay, Esq.

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Answered on 11/12/07, 9:37 pm


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