can i sue a renter for back rent ($9000) after i sell and close on the home?

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can i sue a renter for back rent ($9000) after i sell and close on the home?

The renter just moved out of our home They havent paid rent for the past 7 months ($9,100). We almost had to forclose on the home but we got an offer and may be closing next week. How can i sue the renter for the back rent since the amount is more than the $5000 small claims amount in Florida? And as of next week will no longer own the home

Asked on June 17, 2009 under Real Estate Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The fact that you will have sold the home isn't any problem, because the rent is due and owing already.

You'll have to sue in the "regular" court system, and you might want to hire an attorney to help you with that.  One place to find a lawyer is our website, http://attorneypages.com

In some states, it's possible to take a claim that's larger than the limit to small claims court, but it means giving up the difference.  Your case sounds like it's worth too much for that;  if you could find a lawyer who would sue for the full amount in return for 1/3 of the recovery, you'd still do better than the $5000, most likely.


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