[roeholly]

I have a tenant that signed a 2 year lease beginning Sept. 1.
They paid October 2008 rent and have not paid for November.
I served a 3 day notice to pay or vacate. Now she calls me and says that her husband is cheating and she can't stay in the house. I'm sorry for her, but not only do they owe me for Nov. they owe the balance of the lease or rent until I find another renter. I have already advertised but it is slow this time of year. How do I make sure I legally have documents where they agree to pay the rent until I find another tenant? I have one month security deposit which basically will be gone for the rent they didn't pay for Nov.
Do you know where I can get the proper documents to do this and file a judgement?

[Fr_Chuck]

well the document that shows they owe the money is your signed lease papers along with a copy of the check showing they paid. ( proof of payment)

This is a on going loss, since it will continue to build in value till it is rented.

To get a judgement you file a suit in coulrt and present your evidence.

[rockinmommy]

Florida is actually very landlord friendly. You don't even have to attempt to mitigate your losses by re-renting the unit (although I would anyway). Your state law allows you to just charge them the whole 2 years and obtain a judgement for that whole time.

Now that you've got the pay or vacate notice done you just simply go to court and file an eviction suit. You'll get a judgement to regain possession of your property and a judgement for any rent that's past-due at the time you file the suit. Then you'll file a separate suit in small claims court to obtain a judgement for the rent for the remaining time on the lease.

I don't believe you'd have any problem obtaining these judgements, but collecting the money is a whole other ballgame.