Legal Question in Real Estate Law in Florida

Re: Tenant will not pay will not leave

I agree with the prior replies you received. If you do obtain a money judgment, chances are that the income source you detailed is a pension and is exempt from garnishment.

Re: Tenant will not pay will not leave

You need to obtain a money judgment by filing a complaint for eviction and include therein 2 counts, one for possession and the second for damages which includes rent arrearages and damages. Once you obtain a judgment, you can proceed to collect on count 2 by a number of methods and one being garnishment. However, under Florida law, there are numerous exemptions allowed for the garnishee and one of them being a pension which appears in your case that this tenant has a government pension. You can use other means of collecting beside garnishment. Of course, your first priority should be to gain possession of the property and seek to rent it again to minimize further expenses to you. Best of luck.

Re: Tenant will not pay will not leave

You are going to need to use the court for an eviction, why not add an additional count for money damages? You can increase your claim for "hold-over damages. See chapter 83, Florida statutes. Personally, I have found that chasing tenants for money is very impractical..he'll also leave your place trashed when he finally leaves. I have offerred these types a money incentive to move by a certain date and leave the place in good shape.

Re: Tenant will not pay will not leave

Before you can attempt to collect money, whether by garnishment of wages, bank accounts or otherwise, you'll first need to obtain a final money judgment against the tenant. And even after you obtain a final judgment for money damages, if you try to garnish wages, you may only be wasting more time and money because there are various exemptions from garnishment of wages under Florida law.

If you're going to file an eviction action, you might as well add a count for money damages, but you should focus on getting the tenant out and a paying tenant in, rather than chasing a deadbeat who is probably judgment proof.

Peter A. Gonzalez

Coral Gables, Florida

305-445-0937