Palmetto, FL asked in Landlord - Tenant for Florida

Q: We have a tenant over 3 months behind on rent, and we want to start eviction process.

Tenant has refused us entry to inspect premises when they are there, and have a pit bull dog tied by front door. They have not received permission for a dog, nor have they paid a pet deposit. Outside damage is evident, but cannot determine interior damage for proper filing of eviction complaint. They have stated they are staying until we evict them, and will not move on their own.

Related Topics:
1 Lawyer Answer

A: There is no requirement in the evictions process for a plaintiff to have knowledge of the extent of damage to property prior to drafting and filing the complaint. Within your complaint you may plead one count for eviction and a second count for damages. You will move for the entry of judgment on the second count for damages once a judgment on the first count of eviction is entered and a writ of possession is issued and served by the sheriff upon the tenant(s). From there you should have full access and control of the property to inspect and determine the extent of damages to be sought on a judgment on the second count for damages within the complaint. Hope this answers your question.

Terrence H Thorgaard agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.