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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55140
Experience:  Attorney with 29 years of experience.
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I was renting a room & the tenant moved out and owed me

Customer Question

I was renting a room & the tenant moved out and owed me money. Now he wants to come & get his things. It has been over a month. Do I have to let him in to the room to get his things?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Originally I had rented the room to his father. He just moved in and his father moved out.
Submitted: 5 months ago.
Category: Legal
Expert:  Richard replied 5 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 5 months ago.

Good afternoon. Unfortunately, you are not legally allowed to hold his possessions hostage until and unless you get a judgment against him for the money he owes you. But, you can pursue him for the money he owes you. For any claim up to $5,000, you can file this in small claims court without a lawyer. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you are entitled to hold his possessions until you are paid, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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