Legal Question in Real Estate Law in Florida

Re: Florida tenant wrote worthless checks for first months rent and security deposit

First, are they written in 2 separate checks or 1? You may have a separate cause of action for the security deposit under Florida's Worthless Check statutes.

In your complaint for eviction you should claim both the Security Deposit and the Rent. Let the court determine whether you are entitled to any benefit from the security deposit. In my experience, the monetary portion of any judgment for eviction generally is a nearly uncollectible judgment. If the tenants can't afford to pay you the rent they sure can't pay you the rent plus any damages. However, you can sometimes get lucky and recover some of your loss, and you will at least have your property returned so you can find suitable tenants.

While Florida is helpful to landlords in their actions to evict, you should probably consult with an attorney at some point to ensure that your leases, policies and procedures are in accord with the statutes which will streamline any eviction process you may face. If you have multiple properties there are attorneys who will make themselves available to you for a relatively small monthly fee.

I have previously worked in-house for a very large real estate company with more than 4,000 rental properties in multiple states. Part of my job was to handle the evictions of tenants as well as execute recovery efforts following judgment. Feel free to call me with any questions.

Re: Florida tenant wrote worthless checks for first months rent and security deposit

Unless your lease provided that security can be treated as rent in case of a default, it should be claimed separately. My leases alway do.