Can I have the landlord arrested? absconded

[delphipgmr]

here is the story in a nutshell:

Rented home, home started in foreclosure, moved peacefully out at end of lease.. no damage, no money owed.

Landlord wont return calls, doesnt give notice per fl law.

we sue, they dont respond to any of the courts requests for evidence (they had none), doesnt respond to interrogatories, doesnt show up for trial, we win by default.. awarded security and costs.

landlord still not paying, claiming they are going to file a BK, but they just had one 4 yrs ago (ch 7, assets too high for ch 13)

so.. what im thinking is...

Since the money is ours, fl statute says security deposits are owned by the tenant until due landlord. court says landlord is due 0, and they clearly violated the landlord-tenant laws concerning sec deposits.

i consider this the same as if they came into our house, stole $2000, and ran off with it.

can i file a police complaint for larceny?

 

[Theresagail]

No -- this is a civil issue not a criminal issue-- the cops will tell you that--- if you know where they are banking file a garnishment on the bank account--- if anything they will have to file a bk cptr 13 and you can file a claim @ that time and get some $$ back-- but you need to locate a bank account asap before they do file-- uif you ever paid with a check get a copy of it (front and back) from your bank -- this will tell you where he is banking-- call the bank and verify funds-- if the account is still open--- garnish it

 

[delphipgmr]

thats a great idea on the check thing...i didnt even think of that.. in fact, they changed their bank account just before we moved since their old account was at the bank doing the forclosing, so our last 2 checks went there.

 

[Gail_in_Georgia]

Many landlords do bank garnishments when they win judgements against tenants that break leases or leave units damaged.

Nothing says a former tenant can't do the same thing. You would typically file in the same office where you filed when suing the landlord.

Gail

 

[delphipgmr]

its funny, thru this whole ordeal, its been hard finding information relating to tenants suing landlords, or when landlords abscond with securities. its almost always the other way around.

i would think with today's economy and so many landlords in foreclosure (esp here in FL), this would be more of a common occurrence.

i still think it should be criminal though.. the law here states that tenant securities belong to the tenant untill the landlord has a valid claim on it.