Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
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#1
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Anyone know of or experience with a Reality Attorney that handles Breach of Rental
Agreement that is in Sumter County and/or close to TV? We have a 1 year Lease/Rental agreement that started 2/01/21 thru 01/3122 that has very concise and specific default provisions. Renter has advised they will be abandoning our rental on or before 09/01/21, thus defaulting on the following 4 months rental. This amounts to significant dollars. I contacted Sumter County Sheriff Dept. they can't do anything without a court order. Have now contacted 2 attorney firms close to TV, left voicemail asking if they handle this type of case. Asked to reply either way, thus far no reply from either. I am not going to just sit in a corner on this, letting the Renter get away with this. Now in WI but will be flying to TV 09/02/21. Thanks in advance for any help on this. |
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#2
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Not worth the effort, clean it up and find a new tenant, you'll probably be able to get a higher rent now than you did 6 months ago.
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#3
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#4
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I agree. It's not worth hiring a lawyer, even if you could find one. You might consider small claims court, but I would try to find another tenant. If you do, you won't have any damages to sue the current tenant for.
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#5
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What is it want an attorney to do? At this point you haven't been damaged.
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#6
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Offer the renter a bonus to leave immediately without damaging anything. You press too hard, your renter can easily make your problem a lot worse.
Last edited by Orvil; 08-06-2021 at 07:08 AM. |
#7
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Withhold the deposit for defaulting on the rental agreement and say good riddance. Judge Judy just loves theses types of cases… :-)
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The difference between genius and stupidity is genius has its limits - Albert Einstein |
#8
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Never heard of a "Reality Attorney"
At least the OP has been given notice by his tenant, so I would not call it an abandonment. The tenant has not disappeared with no notice overnight, so to speak. Actually, from a common sense perspective the tenant may be vacating at an opportune time to relet the premises at a high season rate, likely substantially more than the OP may be now getting on the one year lease.
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"No one is more hated than he who speaks the truth." Plato “To argue with a person who has renounced the use of reason is like administering medicine to the dead.” Thomas Paine Last edited by manaboutown; 08-05-2021 at 02:42 PM. |
#9
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Not much you can do - clean it and re-rent. You’ll have it rented in 45 days
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#10
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I’d be glad they’re leaving. That’s much better than the alternative. Not a good time to be a landlord in this country. |
#11
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In most states this is a simple case for small claims court, for which an attorney is not needed. The lease undoubtedly indicates that the security not be used for a final months rent. It might also give leeway for tenant to give 60 or 90 days notice to short stop the lease, at which time the tenant would forfeit the security, but still be responsible for any damage beyond normal wear and tear. Getting that security, which would at minimum equal a months rent, the OP should be able to clean the place up and rent it with no problem.. I agree at a potentially much higher rate (no mention of whether the property is furnished or not). If all the above is true, there would be very little out of pocket loss.. If it not, then the detailed lease might not have the owner covered to the degree assumed. In any case, I wouldnt bother with an attorney .. if I could prove damages and not come to an agreement with tenant, I'd go the small claims court route.
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#12
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Eight grand and below is a small claim. Let's say you prevail in court. Then there is collection. The court has no means of enforcement.
Effectively, you are limited in attacking their credit. I have no expertise in this area but if it was me that is what I would do, recognizing you are not going to get dollar to dollar of the debt back and certainly not anytime soon - unless they are buying a home with a mortgage. |
#13
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Many landlords lost renters during the pandemic. Some had to leave early, some had to cancel completely. Many owners gave the deposits back, lost substantial rent. However some owners did what you are trying to do.
What is the reason they are leaving? Health, death, did they buy a home? You will make a larger return, by finding a new tenet. Plus you have their security deposit, and last month rent. So really only lost couple months rent. You are lucky to not deal with renter that is not paying any rent, and refusal to leave.
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#14
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Additional Note: I am looking to file in Small Claims Court if possible.
Being in TV 09/03/21 to inspect for damages, looking to potentially discuss options with an Attorney, if there is one that is willing to discuss this. Maybe just have to kiss this off, but really want to let the renter know that there are consequences to breaching a contract. Just a matter of principal because they are now so arrogant in faulting how they can breach the contract. |
#15
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It is principle, not principal. And how do you know they are arrogant?
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"No one is more hated than he who speaks the truth." Plato “To argue with a person who has renounced the use of reason is like administering medicine to the dead.” Thomas Paine |
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