[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.

[villagetinker]

You could try seniors against crime, no cost, and they might have other suggestions for recourse.

[Babubhat]

It’s a contractual dispute. You had an obligation to try to mitigate the damages by re renting it. Will factor into your claim. The dollars involved are probably not worth the aggravation

[url=https://www.avvo.com/legal-guides/ugc/landlord---tenant-landlords-duty-to-mitigate-damages]

[Bjeanj]

Originally Posted by Babubhat

It’s a contractual dispute. You had an obligation to try to mitigate the damages by re renting it. Will factor into your claim. The dollars involved are probably not worth the aggravation

[url=https://www.avvo.com/legal-guides/ugc/landlord---tenant-landlords-duty-to-mitigate-damages]

I disagree for two reasons. $1,000 is a fair amount for most people to lose, and not doing anything, I would think, just encourages the renters to do it again. It’s entirely possible the OP has tried unsuccessfully to re-rent.

[Babubhat]

Depends what your time is worth. Even if you win, still have to collect.

[DALEPQ]

We did re-rent but it took a month to do so. They owe for the month not rented.
They also left a few items in the house for the month owed which were donated.

[dhsmith]

We filed in court against a contractor in Citrus County went to court had a trial and won the case for the amount of the suit plus awarded all costs. You will have more than the $195 in costs we had almost $400 before it was all said and done, plus 3 appearances in court.Bottom line the person we sued had no assets in his name and never collected one red cent.If I had it to do over I would have saved my money and all the bull sh—.

[EdFNJ]

Originally Posted by Babubhat

Depends what your time is worth. Even if you win, still have to collect.

This is true but the "defendant" will have a unsatisfied judgement so the OP could (if he wants just to get even) hire a collection agency to try and collect the debt. The collection agency would likely report the unpaid debt to credit agency which will kill the renters credit score. While the OP will likely get little cash IF the collection succeeds at least he can get an ounce of satisfaction knowing he ruined the renters credit rating. Just maybe the THREAT of collections will force him to pay. There is a website where for a few bucks you can have a "lawyer letter" sent with the threat of collections.

OR, contact Judge Judy or Peoples Court and you'll both make a few bucks if they take the case.

All depends on what one's time is worth and/or what an ounce of revenge is worth.

Or he can just forget the whole thing and just suck it up.

[Stu from NYC]

I would sue if nothing else would make me feel a bit better.

Or hire Guido for the collection.

[keepsake]

In renting I consider the potential tenants history. If they are on disability RED FLAG. A court cannot attach any disability $$$.

[Topspinmo]

I would hire Leonard Smalls to collect.

If you don’t know who the famed character is Google. “raising Arizona”

[bagboy]

Originally Posted by DALEPQ

We did re-rent but it took a month to do so. They owe for the month not rented.
They also left a few items in the house for the month owed which were donated.

and in court, they can say you promised to hold onto their property (worth thousands), but you took advantage of them and sold it all....etc etc. If it were me, I'd cut my losses. But, you need to do what you think best. Good luck.

[RVJim]

Originally Posted by keepsake

In renting I consider the potential tenants history. If they are on disability RED FLAG. A court cannot attach any disability $$$.

You are playing with fire there. While source of income is a not a protected class in and of itself, refusing to rent to someone because they receive disability income could be construed as indirect discrimination. Attorneys regularly mine social media for posts like yours in the discovery phase of litigation. Pretty dumb position for you take and even dumber to post it publically.

[DALEPQ]

They are not on disability for sure. They are operating a business from the rental house.
They also had TD bank file in S.C. court in Dec. 2021, which they paid.
Found that as public info.
I am going to go after them, on the principal of it, "Don't screw with me" how's that!!!

[jparsoneau@aol.com]

So like a lot of people says depends on if your time is worth it. And yes also depends on what your rental contract says. If you don’t have A contract. Then it is a he says he says. If you have a rental contract it will depend on what your contract says. And if you do go to court and you do win, yes you still have to collect but you automatically know where they bank so that should be easy if they still have a bank account there with money in it. As far as people on disability not paying rent that is bull**** just because they are on disability they still have to pay rent and you can still sue them. But you cannot garnish a disability or any federal check.
And unfortunately I learned a long time ago fighting the good fight is expensive. And so is winning at all cost. Some things are a lot better off, to walk away from and some are worth fighting for. Choose your battles wisely. Your money comes and goes, time does not it only goes.
Either way, you should at least let the new landlord know what they did to you so if they can be prepared. Unless they quit renting about a house. Then you can put a lien on their house. Lol