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Tenant Abandoned Property After Eviction Filing

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  • 05-06-2010, 09:49 AM
    namche
    Tenant Abandoned Property After Eviction Filing
    My question involves an eviction in the state of: Florida

    Tenant sent in a letter to the court asking for a hearing without filing rent in the court registry. Tenant claimed the property was in foreclosure which it is not (mortgage is current) and then abandoned the property.

    I filed a motion for default based on not depositing rent in the court registry which was denied.

    Court set up a hearing. As I'm in California and I'm not likely to collect anything shoud I drop the eviction suit? What are the ramifications? Could the tenant come after me for the security deposit making me fly to Florida anyway?
  • 05-07-2010, 09:07 PM
    Mr. Knowitall
    Re: Tenant Abandoned Property After Eviction Filing
    If your judgment will include past rent owed, and that amount meets or exceeds the amount of the deposit, then you'll be able to stop worrying about your ex-tenant trying to make a claim against the deposit.

    The tenant hasn't defaulted?
  • 07-16-2010, 09:43 AM
    bootyourtenant
    Re: Tenant Abandoned Property After Eviction Filing
    Quote:

    Quoting namche
    View Post
    My question involves an eviction in the state of: Florida

    Tenant sent in a letter to the court asking for a hearing without filing rent in the court registry. Tenant claimed the property was in foreclosure which it is not (mortgage is current) and then abandoned the property.

    I filed a motion for default based on not depositing rent in the court registry which was denied.

    Court set up a hearing. As I'm in California and I'm not likely to collect anything shoud I drop the eviction suit? What are the ramifications? Could the tenant come after me for the security deposit making me fly to Florida anyway?

    If the tenant failed to deposit the past due rent with the court, there won't be a hearing and the Clerk will automatically file your Default. If the tenant had paid the court, you would still be able to request that you appear at the hearing via telephone since you live out of state.

    http://bootyourtenant.com
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