yes
To receover property damage in Florida the landlord must file a suit against the tenant. If the landlord wins he can collect using usual means of collecting on a judgment. If the tenant has property then a lien can be placed on it to satisfy a judgment. But if the lien is on a primary home then he cannot be forced to sell the home per homestead laws.
The landlord has self-remedies, up to a point. But landlords cannot issue a "legal judgement". The landlord can deduct damages and unpaid rent from your security deposit, and the landlord or tenant can seek legal resolution.
Yes--but only if they have a court judgment against you. In that case, they would have what is called a judgment lien.
A remittitur entered by an appeals court is a reduction in the amount of damages, without reversing the underlying judgment that plaintiff was entitled to damages. When awarding damages, a jury has to do so based on the evidence. If it is clear that a jury misinterpreted some evidence as to damages and awarded an amount that is clearly against the weight of the evidence, the court will reduce the total damage award by the mistaken amount. It will not reverse the entire judgment and award of damages. An example would be where a plaintiff sues for back pay in a wrongful employment termination suit. The back pay is a specific amount based on salary and length of time the salary was not paid. If the jury made an obvious miscalculation and awarded too much, the court would reduce the amount awarded. The appeals court would not throw out the entire judgment if it found nothing else wrong.
If you sued the Landlord and he lost, he must give you your deposit. However he can separately sue you for damages. Whether he wins that lawsuit or not, he must give you your deposit!
A writ of execution is a court order authorizing the seizure of an asset, such as of a noncustodial parent who owes past due child support. The order may be used to repay past due child support owed under the judgment. It is also refered to as a levy. A Writ of Execution is a legal document which states who the money is owed to, the 'judgment creditor', and the amount of the debt. When a writ of execution is attempted, notice will be served upon the judgment debtor, indicating details of the goods seized.
Punitive Damages
The maximum amount a landlord can charge for damages is typically the cost of repairing or replacing the damaged property, minus normal wear and tear.
You cannot sue your landlord unless you suffered damages due to his negligence.
Absolutely.
Yes, in Gwinnett County, Georgia, a landlord can potentially garnish a tenant's wages if they have obtained a court judgment for unpaid rent or damages. The landlord would first need to obtain a court order allowing them to garnish the wages through the tenant's employer.
Exemplary Damages are often referred to as punitive damages in legal terms. Such damages are awarded to the Plaintiff when the Defendant has acted in a negligent manner. This can be physical bodily harm, mental harm and or property damage. A judge can award damages beyond the cost to replace the damaged item.