How to recoupe $$ from bad tenant

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baner23

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I kept my tenants security deposit and pet deposit for breaking the lease agreement in multiple fashions, but I am still out $$$. The tenant gave me notice they were moving out 3 days before the beginning of the month and then wanted to move out 6 days into the new month without paying rent for that month (lease requires 30 day written notice). I have had to rid the house of fleas, have the house professionally cleaned (lease included I could charge them if house was dirty and they must shampoo carpets when they moved out, which they did not do), repair 3 doors, shampoo carpets twice due to pet stains and smell of cigarette smoke (lease included clause, no smoking in house), repaint because of "stains" and smell from cigarette smoke, repaint where they tore wallpaper off the walls, and there is over $1,000 worth of furniture and other items missing, they have either taken them or thrown them out.

I sent notice to him that he will not receive his security deposits back and that he owed me $$ for extra repairs and negligence on his part. I even gave him an itemized list of what I was charging for the items that needed repair and the items that were missing. The only response I have received is a certified mail/letter saying that he wanted to see receipts for everything listed for further review.

I'm new at this landlord thing and am living in an entirely different state. I have people I trust that help me deal with issues such as minor repairs and that are witness to the missing items and the damaged caused by the tenant. I don't have much money, that is the reason I moved to another state... for a good paying job. So, how can I recoup the rest of the money this guy owes me? After keeping his security deposit he still owes me $2,300. (lease also included clause that if there was a dispute the loser would have to pay lawyer/court fees)
 
If your tenant is a deadbeat or broke,you'll never get paid.
You can't just keep security deposits.
You can't just charge a tenant.
You must provide tenants with proof (receipts) for repairs.
The only way to begin to get your money, is to sue a tenant in small claims court
That means you,your lawyer,or your property manager will have to take the tenant to court in Florida, not in the state you currently reside.
You may have the loser pays clause, but if the loser is a broke deadbeat, you'll NEVER get a dime!!!!
Suing is easy,collecting is hard.
If they don't pay rent, most won't or don't pay judgments.
You must do credit checks, background checks, and charge high limit deposits to try and protect your financial interests.
It may be time to sell the money pit, instead of renting it.

This might help you:

http://www.800helpfla.com/landlord_text.html

Here's your problem:

A damage deposit is the most common requirement of landlords. Before signing a rental agreement, examine the premises and make note of any damaged items (e.g. broken fixtures) and if possible take a picture and include a date stamp. Give a copy to the landlord and keep a copy for your files. This may help eliminate or minimize disputes later.

Section 83.49(a), F.S.
Upon vacating of the premises for termination of the lease:

If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or,
Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address.
If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit.
Section 83.49,3(b)(c), F.S.
After receiving the landlord's notice of intention to impose a claim, the tenant will have fifteen (15) days to object in writing. If no written objection is received, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within thirty (30) days after the date of the notice of intention to impose a claim for damages. If you object to the landlord's claim you may file a complaint with the Florida Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord's right to the security deposit.
 
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