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  1. #1
    Join Date
    May 2010
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    1

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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?

  3. #3
    Join Date
    Jul 2010
    Location
    Jacksonville
    Posts
    2

    Default 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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