Ask Experts Questions for FREE Help !
Ask
    cathygllrd's Avatar
    cathygllrd Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 2, 2010, 08:45 AM
    Apt Eviction
    I rented my apt. in Miami, FL. The experience was horrible, I finally had to evict the tenant for non payment. The whole eviction cost me $700 plus another $500 for repairs to the apt. Can I legally garnish the tenant wages and how much more will this cost me?
    Thank you.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #2

    Oct 2, 2010, 09:17 AM

    You can but first you have to file suit against them and win a judgement... get a writ of garnishment, once you have that you can try and collect. Problem is THAT is the hard part.

    You may spend a big part of that trying to collect. Of course you should be able to write that off as a loss on your taxes.

    Someone else will have to answer on rough costs... I've never done that. We've been in that situation as well, we wrote it off because in our case we knew the people and knew actually collecting was going to be more of a fight than it was worth to us.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Oct 2, 2010, 10:16 AM

    How much of the security deposit were you able to keep? That should be applied to the damage.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
     
    #4

    Oct 4, 2010, 07:14 AM
    Your eviction judgement should be for whatever rent they owed you at the time of the judgement & all court costs, lawyer's fees, etc. Then, like a pp said, the damages should first come out of their security deposit. Whatever is left over after that you can sue them for in small claims court. THEN once you obtain that judgement you can pursue whatever your state allows for collecting it.

    From what you stated in your question, I would think your eviction judgement should already cover the $700 for the eviction. In my opinion, it's probably not worth suing them for $500 in damages, but that's just my opinion. You still have to collect it. It's not like the court does anything to collect or enforce the judgement - they just issue it. AND you'll have to pay more court costs to file it. If you win the case that will be included in the judgement, but still more $$ out of your pocket up front...

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Apt A/C is not cooling apt [ 2 Answers ]

My apt A/C unit is at 60 and the thermostat is reading a room temp of between 75 - 78. I have contacted maintenance several times and was told there was nothing they could do. I went out and noticed that the outside unit appears to have water leaking coming from the unit itself. What could be the...

Need to know law on eviction from apt. Not on lease was told it was not allowed to. [ 2 Answers ]

Be put on lease. 2 weeks ago I was told that I could be on the lease as long as I paid half the rent (was told I only had to pay $150 per week. And cook and clean ) . Tonight when I got off work I was told I had to go asap. We are living with him in an apartment and I have a 2 year old daughter....

VA eviction notice.can we pay and stop the eviction [ 3 Answers ]

My son and his wife are living in VA in a rental house. Rent is due the 1st with a 5 day grace period. When they realized they weren't going to be have money for rent until the 18th (wife is a teacher and that is her monthly payday) she called the rental agent and explained. She was told that as...

Eviction due to friends visiting apt. [ 1 Answers ]

I recently started renting an apartment in urbana,IL. I was only there for 5 days. The landlord never gave me a lease to sign... or to even look at to know the certain standards. Today he comes to my apartment and accused me of having drug dealers come in and out of my apartment, which I have done...

Kentucky eviction law motion for eviction [ 8 Answers ]

Hi I really need help I bought a house for 30,000 from a lady we have just a one simple page contract basically states I paid 15000.00 dollars down In April 05' and then make payments of 400.00 a month for 36 months Contract has no sell as is in it because at time of sale we the lady homeowner...


View more questions Search