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Old 05-05-2009, 07:51 AM
 
Location: Heartland Florida
8,251 posts, read 15,467,090 times
Reputation: 3741
I can see organized crime coming in to offer a "tenant removal service". Just pay them the 2,000.00 and your bad tenants are gone for good.
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Old 05-05-2009, 10:46 AM
 
569 posts, read 1,079,254 times
Reputation: 210
Quote:
Originally Posted by tallrick View Post
I can see organized crime coming in to offer a "tenant removal service". Just pay them the 2,000.00 and your bad tenants are gone for good.
Good one, boss. Maybe we could apply this concept to other areas of life and issues in Florida. Maybe some of these people would like being pirates in Somalia.
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Old 05-05-2009, 07:26 PM
 
12,360 posts, read 7,580,019 times
Reputation: 4091
Quote:
Originally Posted by Liberty911 View Post
The State will do nothing about it because it is a civil matter. The police are there to protect and serve the STATE, not the individual. Police enforce vio0lations of law AGAINSt the STATE, not the individual. I don't understand why many people think the State is there to help the individual in such times. File a civil suit and collect against the tenant if you can. You are entitled to no more than a right to proceed in civil court. BTW, if Christ signs the latest bill put before him, you can count on having to pay $2,000 just to have the complaint filed by the sounds of your loss.
i am not sure that would always be true, because if you have an assault by one person against another person the police will intervene so how is that protecting the state? otherwise, maybe the state should find another way to pay police salaries other than through individual taxpayers......
i am not sure that future landlords understand that if the tenant steals your property (such as water conditioner, refrigerator, washer, dryer, pool equipment, etc.) while he / she is in the residence you have no legal criminal recourse. it certainly is an eye opener!
why would a society keep choosing to reward bad behavior? why should the injured party have to pay to sue and why should ANY crime victim have to pay to try and get justice? wouldn't that be unreasonable to expect? maybe the laws need to be changed!
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Old 05-05-2009, 07:31 PM
 
12,360 posts, read 7,580,019 times
Reputation: 4091
Quote:
Originally Posted by tallrick View Post
I can see organized crime coming in to offer a "tenant removal service". Just pay them the 2,000.00 and your bad tenants are gone for good.
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Old 05-05-2009, 07:42 PM
 
2,414 posts, read 3,105,705 times
Reputation: 613
With all due respect, I think your opinion is wrong. We have unlimited homestead protection here which means tenants who sue can't seize our personal homes as creditors. About a year or two ago Florida passed a law that allows landlords to go after a tenant for the entire lease's rent if they break the lease--I believe you don't even have to look for a new tenant first like in most states. Florida is lightyears better than states like CA and MA.

I'm sorry this happened to you--you should try to get a monetary judgement on this person (not that you will be collect anything) so at least the lien will follow them around. I think you would be just screwed in this situation in most states. Don't change the locks and do a self help eviction!!! Very bad idea.

Quote:
Originally Posted by floridasandy View Post
florida has ridiculous landlord laws which favor the tenant unreasonably. i just had a tenant deface the property, write graffiti on the walls, stain the new carpeting, drain the pool, steal the water conditioner, and steal all of the appliances. the state tells me that i can do nothing about this except pay 300 to start the eviction process even though he was only a month to month tenant after his lease expired!
they will not consider this a criminal matter and will not intervene to help the property owner. if you are thinking about buying a rental property be sure you know what you are getting yourself into, not to mention that you will be paying higher insurance than in almost any other state.
unless the laws are changed this is a bad state to have rental property, especially with the quality of renters deteriorating.
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Old 05-05-2009, 07:54 PM
 
2,414 posts, read 3,105,705 times
Reputation: 613
Another thing--I don't know if you are trying to landlord professionally or just renting your own house until it sells but in the future I wouldn't mess with swimming pools in a rental. If their kid falls in and drowns while they're not paying attention, YOU may be sued, unfortunately!

If you're renting to section 8 or low income, you need to dumb it down--no extra amenities that they don't need. Make the place safe and nice, but just what you need to pass Section 8 inspection. If there's less stuff there, there's less they can destroy! For example, a lot of people don't bother to put carpet in Section 8 because it always gets trashed. I'm a newbie but these are some of the things I've learned.
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Old 05-06-2009, 05:20 AM
 
12,360 posts, read 7,580,019 times
Reputation: 4091
i don't need to sell and i have rented before. i agree about the carpeting for any rental because carpeting is easily destroyed. i am just trying to point out to new landlords /owners that florida law does not protect them from theft by the tenant. in normal times, i am not sure landlords would see this problem but people are losing their jobs / businesses, and with that they can no longer afford their rent. obviously they have to move and with that they become angry, but they take out their frustration in strange directions sometimes. one and a half month's rent deposit is probably not enough to have in this economic climate.
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Old 05-06-2009, 06:36 AM
 
2,414 posts, read 3,105,705 times
Reputation: 613
I agree, the landlord rarely gets the protections the tenant does. In my view the deck is stacked against the landlord in all states because the tenant has the ability to sue and actually collect a judgment, but an LL can rarely collect from a deadbeat tenant.


Quote:
Originally Posted by floridasandy View Post
i don't need to sell and i have rented before. i agree about the carpeting for any rental because carpeting is easily destroyed. i am just trying to point out to new landlords /owners that florida law does not protect them from theft by the tenant. in normal times, i am not sure landlords would see this problem but people are losing their jobs / businesses, and with that they can no longer afford their rent. obviously they have to move and with that they become angry, but they take out their frustration in strange directions sometimes. one and a half month's rent deposit is probably not enough to have in this economic climate.
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Old 05-06-2009, 07:44 AM
 
1,468 posts, read 2,542,010 times
Reputation: 1012
Quote:
Originally Posted by floridasandy View Post
florida has ridiculous landlord laws which favor the tenant unreasonably. i just had a tenant deface the property, write graffiti on the walls, stain the new carpeting, drain the pool, steal the water conditioner, and steal all of the appliances. the state tells me that i can do nothing about this except pay 300 to start the eviction process even though he was only a month to month tenant after his lease expired!
they will not consider this a criminal matter and will not intervene to help the property owner. if you are thinking about buying a rental property be sure you know what you are getting yourself into, not to mention that you will be paying higher insurance than in almost any other state.
unless the laws are changed this is a bad state to have rental property, especially with the quality of renters deteriorating.
I disagree. Today it is easier being a landlord then ever. You can do all kinds of check you could never do before. You can just hit the internet and check out their information with no more then googling their names sometimes. You also get good deposits and don't let them get behind. Offer an incentive for on time payment. Say the rent is $850.00 make it $775.00 if paid on or before the 1st.

Many renters just put you off because they can, not because they don't have the money at the moment. Either way, I like being a landlord. Past tenants have often become long time friends. I go out of my way to make their stay pleasant. For some reason many landlords seen to hate and resent their tenants. They go out of their way to screw them out of their deposits and make it miserable for them.

I am sure if this thread was to continue you will hear a lot of stories from tenants about land lords. I hear them all the time. They tell me they never had a landlord like me. I find that hard to believe because all I do is what I think is my end of the deal.
Just another side of it.
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Old 05-06-2009, 08:02 AM
 
88 posts, read 254,230 times
Reputation: 116
Quote:
Originally Posted by floridasandy View Post
i am not sure that would always be true, because if you have an assault by one person against another person the police will intervene so how is that protecting the state?
Assault is a criminal act against society and contrary to the government's efforts to have people conform to a particular standard. Because it is prohibited under criminal law the cops will intervene.

Take the same crime but under the tort of assault and the cops and State will in no way intervene. They will not even take a report. This happens all the time. Someone is beat up (a criminal law violation) but refused to press charges (refuses to comply with the government's request to testify as to the violation of the criminal law). The police will let the person go if there are no other witnsses even though the victim states the will seek releif in a civil action.

[/quote] i am not sure that future landlords understand that if the tenant steals your property (such as water conditioner, refrigerator, washer, dryer, pool equipment, etc.) while he / she is in the residence you have no legal criminal recourse. it certainly is an eye opener![/quote]

Because the tenant is in lawful possession, he can do anything they want with the property as long as they don't break a criminal law (such as using the property as a grow house). Any damages are not a criminal violation requiring the owner to proceed on his own behalf in civil court.

[/quote]why should the injured party have to pay to sue and why should ANY crime victim have to pay to try and get justice? wouldn't that be unreasonable to expect? maybe the laws need to be changed![/quote]

A victim of a crime does not have to sue because a crime is a violation of state criminal law, providing they press charges. If you recall the Simpson matter, the OJ prevailed on the criminal charges and no mention was made by the court of any form of compensation to the Browns. The Browns were required to proceed with a civil matter because the State will not do so on their behalf. THe Browns paid for their own attorney for the civil charges despite the fact the State could have easily included the claims in the criminal trial. The State simply has no interest in protecting the individal rights of the public. If they did, all civil rights violations would be in criminal court and prosecuted by the State. Even in Brown v. Board of Education, ending segregation, the government would take no steps accept enacting a civil law that allowed the public to proceed on their own.

BTW, I am not a government hater calling for anarchy. I do beleive extensive government reformation is required to get the governemnt back to the purpose of working for the people. I find the majority of people have the mistaken belief that the police and State are paid to protect their individual interest, when the truth is the taxpayers pay the police to protect the government's interest.
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