Quote:
Originally Posted by DALEPQ
We are seasonal and have rented out a house in TV on a signed 1 yr. rental agreement.
The renters unexpectedly breached the agreement and moved out, leaving a net
amount of unpaid rent due of $1000.+, which is left after using the Security Deposit.
We are now back in TV and have found where they re-located to in TV.
Have contacted them to pay what is owed on the unpaid rent, they are refusing to pay.
Looks like my only recourse is to file a suit in Sumter County Small Claims Court.
I did check on-line and looks like I can self-represent. The cost to file looks to be $195.,
which I think I can also add to the claim.
I don't know what they could possibly have as a defense, as they flat out breached the
rental agreement. They had been there for nearly 7 months prior to leaving, and we had no prior issues of any kind with them during that time.
Has anybody filed in Sumter County Small Claims Court? Having comments to share?
Thanks in advance.
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I've used small claims court twice in my life. It was in another state and frankly the fees were far lower than here if I recall it was like $18 to file. Both cases I was controlled angry. BOTH TIMES I WON AND I COLLECTED.
As I said it was not here. I would go to the court or wherever it is your file. I expect you will discover they are not allowed to advise you. However you can politely fish for information. Find someone to talk to. You will not get an official answer but I expect as far as collecting for the cost to file, I would put it into the case. You may of may not get it, it maybe normal policy if you win. If, it is not normal policy and you do not ask for it you may well not get it. I would and did sue for driving to the court , parking and meals, because I had to be at the court. I had it all documented.
Truth, it was almost FUN. When, I did it the judge, actually I think he is not a judge but is an attorney was on the side of the consumer a sort of people's court.
I sued and won against a huge organization. Their attorney was truly an incompetent person. She thought she could scare me, she thought a pile of paper would scare me
or perhaps she was paid by the word? They did not show up in small claims and pulled some maneuver to have it go to regular court. In regular court the judge decided she could pay me like a grand or go back to small claims. They chose to go back to small claims. It was like a hearing in a high school auditorium. To my surprise the judge from regular court adjusted his schedule to work in small claims. The incompetent atty tried some other baloney to get my case dismissed. To my shock the judge said to her, listen honey, we are not here to discuss the case. I had already ruled
We are here to discuss how much more than the original thousand ruling you are going to pay. Everyone including the court staff laughed when he said if you are wise you will just shut up. The judge gave me everything I asked for. I had a book on my desk.
It is a classic on small claims court. I was not far from the judge and the title of the book is hugely printed-surely he saw it. I well there is this book I bought. It was like he was looking to teach that atty her place. "Well your honor the title of the book is,"Sue the Bastards." The laugh from the riffraff alone was worth the effort.
My advice is same as the title of the book. YOU SHOULD READ THE BOOK. You should file quickly. I would expect they can claim they do not live in Florida so you will need to get a copy of their present agreement. IF, small claims tells you it will be months till they can hear your case, that may kill that option. You need to sue where the person you are suing lives. If, their current landlord is a villager, it is the perfect opportunity to meet them and make then aware of your problem. Immediately turning up the heat on this tenant. Are you speaking to these people? Registered return receipt letter is the way to go. I would send it BOTH to there home address and the florida address. I'm not an attorney but I know if they refuse to receive a registered return receipt letter it will come back to you. Should you go to small claims even though they refused the letter it is legally delivered AND THEY DO NOT KNOW WHAT THE LETTER SAYS-your advantage.