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My friend moved in with 2 roommates Sept 2016 on a year lease. By the next month they defaulted payment. An eviction process started in November but was stopped mid way when tenants paid the balance. It's still an "Open" case on the Clerk's site. But all fees were paid.
In December my friend who's been in real estate for 6 months closed a deal that made him about 20k. He paid December's rent but then went out and bought a 90k condo. That closed mid January and all three tenants did NOT pay January's rent and an new eviction case was opened (days after my friend closed the condo deal). The eviction process went all the way through with the judge's final judgement filed last week and a Writ of Possession issued. It's a done deal. Yes my friend and roommates are still living in the unit because the condo he bought currently has a renter until April. But they will probably be kicked out soon.
So, what I am wondering is if there would be any repercussions for what my friend did? If the landlord knows someone skipped rent to buy a property, can they put a lein on the property since the judgement called for tenants to be responsible for fees due? Was this a good move by my friend since he would have a hard time renting again? He is going to be the only one coming out of this owning a property. The other tenants will move in with friends. I'm wondering if the landlord might try and get all fees due out of him with a lein.
What a mess! Thank you for your help!
Last edited by FriendInNeed; 02-25-2017 at 11:12 AM..
Yes, if the judge issues a financial judgement for money owed, the landlord can put alien on the new property and can also place a garnishment on the new homeowner's salary, and a lien on his vehicles.
I don't know that it was a bad idea to buy a place. That mortgage was obtained before his credit was ruined with the eviction. New condo owner or not, you are still going to have to pay the judgement, and that might be for all the rent until the lease expires in September.
It's a real jerk move to stop paying rent to use the rent money to buy a house, so I hope the judge authorizes a great big huge lien on the new house. I have no sympathy for thieves and cheats and that is what you are doing, is stealing.
Oh, I agree. I get the thinking behind buying something before the credit is ruined. But this is not a good thing to do.
One last thing, when a landlord gets a judgement in favor of them and there are 3 tenants, do they go after all tenants equally (for example, if each tenant was paying $600/mo) or could they go after one tenant like my friend who actually owns a property now for the entire amount? (A lein)
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One last thing, when a landlord gets a judgement in favor of them and there are 3 tenants, do they go after all tenants equally .........
Most likely, whatever the total amount owed is, each person will get a judgement for that total amount. The debt won't be split into thirds. Each of the three is responsible for the entire thing.
It's going to depend upon how the lease is written and nobody ever really knows what a judge is going to do, which is a very good reason to stay out of court. The judge's ruling might possibly not be what is expected.
Oh, I agree. I get the thinking behind buying something before the credit is ruined. But this is not a good thing to do.
One last thing, when a landlord gets a judgement in favor of them and there are 3 tenants, do they go after all tenants equally (for example, if each tenant was paying $600/mo) or could they go after one tenant like my friend who actually owns a property now for the entire amount? (A lein)
Thanks again
Normally, the judgement creditor can pick and choose which person to enforce the judgement against.. Whomever is easiest to garnish or seize assets from is the one in danger. Not sure if they do it in Florida or not, but here in AZ a creditor can request a "debtor's hearing" - the debtor gets served & if they don't show up, they get a bench warrant issued for their arrest. If they *do* show, the creditor gets to ask (under oath) about bank accounts, assets, where you work, "how much money is in your pocket right now.", etc. it's downright medieval.. If you really can't pay & you get called to a debtor's hearing, best bet is to mooch enough money to file BK & be done with it.
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