Tenants broke lease and moved out of state.

Asked about 2 years ago - Boca Raton, FL

I had a tenant who lived out their deposit caused a fair amount of damage to my home in Florida, and moved to New York. If I hired a PI located their current address, hired a process server in NY, could I serve them with a judgment from Florida? I have not yet obtained judgment, I just assume it would default as they will not appear in court in Florida now that they live in NY.

Thank you kindly for your time.

Attorney answers (3)

  1. Dennis Andrew Chen

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . To obtain a judgment for damages, you need personal service on the defendants. So you need to locate them in NY and have them served with the summons. Posting the summons and mailing a copy is only effective for obtaining possession, not for money damages.

    No attorney-client relationship is created by answering questions in this public forum. If you wish to create an... more
  2. Carol Lynne Zimmerly

    Contributor Level 18

    Answered . Yes, you can hire a PI to locate the former tenant.
    Serve them with the summons from the lawsuit.
    Have a hearing in FL on the lawsuit.
    Obtain a Final Judgment.
    Record a certified copy of the Final Judgment in the jurisdiction where they live.
    Commence garnishment or collection efforts in their jurisdiction.

    By the way, no tenant can live out their security deposit. It is not legal for landlords or tenants (even if they both "agree") to use the security deposit against charges while the tenant is in the premises. After move-out, the LL may be able to use the security deposit against the outstanding charges if they follow the law. I strongly suggest to my landlord clients that they join a local landlord group to keep up to date on the law. Good luck.

  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Not sure you asked a direct question. I will just give my quick first impression (I am not a FL attty):
    You can sue
    You can obtain a judgment in FL.
    You can move to enforrce your judgment in NY.
    t will take some time, some money, and some effort.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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