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Stolen properties by evicted tenants
Anonymous5 views2 answers
I did not make tenants to sign off. We were temporarily living in the property before we rented out the house (we live out of state). When tenants moved in, they asked whether they can borrow our mattress, tables etc. We allowed them to use our stuff, and told them to leave behind when their lease ends. (because we need to use during the period we rent again).
Tenants stole mattress, tables, pictures, lawn tools, lights, fans, households, locks, etc. They also made holes in walls, and made the house look abandoned, e.g. 4 ft grasses, green algae pool, kitchen sink and toilets stuffed with something (no water service for a month), etc. police does not want to get involved and saying it is civil matter.
If tenants did not sign off items, can I still file small claims judgement?
You've asked several different questions about your situation. You should speak to an attorney about your options. Did you have an attorney representing you during the eviction? Often times, the Court can reserve jurisdiction in an eviction suit to award damages. If the court didn't in your case, you can still sue the tenants for the theft and damages. The question then becomes what, if anything, will you be able to recover fro the defendants? In many cases, deadbeat tenants are often judgment proof.
My office is in Fernandina Beach, about 30 miles north of Jacksonville. Call 904-261-0742 if you would like to schedule a consultation.
See a local lawyer about whether you can use the same lawsuit.
If you only filed a count one for possession and not a count two for damages,
then you cannot proceed.
You can probably file a small claims case, but it will be expensive.
You probably should join a local landlord group (not an investors' group) so that
you can benefit from other people's experience.
Also, buy a book from the local bookstore about Florida Landlords. Make sure it was published in the last year or so and replace it every year or so.
Good luck.