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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Reality Attorney that handles Breach of Rental Agreement (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/reality-attorney-handles-breach-rental-agreement-322511/)

ithos 08-06-2021 04:56 AM

With the unconstitutional foreclosure policy extended, the tenant could just remain and not pay anything if they are threatened with a negative mark on their record. This is a good time for rentals.

Perhaps find a broker to help find a new tenant. Mine only charges 10%. Worth every penny.

thevillages2013 08-06-2021 04:57 AM

Quote:

Originally Posted by DALEPQ (Post 1984177)
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.

That’s 5 months they will be defaulting on. Is the security deposit a months rent?

msilagy 08-06-2021 05:12 AM

I had this happen - keep any security deposit and move forward. It could cost you more to do any kind of litigation than the rent in the end. From what I hear rentals are in demand in TV. There might be a good reason they are leaving so cut them some slack. They could of just moved out without notice.

Tomptomp 08-06-2021 05:59 AM

I’ve been a landlord for 45 years. I’ve had every kind of tenant from the best to the worst. You must learn to NOT take it personal. It’s business. Accept any loss that way. The lease that was signed generally protects the tenant. I don’t use them anymore. If you aggravate yourself enough to go to small claims court and win you’ll get a judgement that the tenant probably will not pay.
Be happy they are leaving and not just withholding rent payments.
Been there, don’t that.

daca55 08-06-2021 06:12 AM

Totally agree! I too was a landlord and trust me leases are to protect tenant. If you go to court the judge is going to ask them why they had to leave before the lease was up and they will have their story, true or not, and typically the judge will rule in their favor. Don’t be greedy and cut your losses. Hiring an attorney is a waste of time.and money. High season is coming and you will be much happier to let it go and find a new tenant. I would keep their deposit as they are not going to chase you in court either seeing that they breached your lease. They have already written that money off when they made the decision to leave before lease was up. Good luck!

Two Bills 08-06-2021 06:35 AM

Get your house back first, then upset the tenant with any claim you wish to make.
Personally I would swallow my principles, and move on.
Sticking to your principles can sometimes cost you a lot of money.

scottiesrgreat@gmail.com 08-06-2021 06:44 AM

I am thinking you didn’t get an attorney to put together the lease? Your posts have made me giggle and smile (thanks!) - I can only imagine the enjoyment I’d get from reading your lease (if you wrote it, of course). :-)

Let it pass - you may regret harassing the renter while they are still in your home. Also, maybe they have retained an attorney :-)

I rented for a few months before moving into my home here - went thru Villages Property Mgmt - I left the place spotless - and got my entire deposit back - including my pet deposit. A great experience for me - and I am sure the person who owned the home, as well.

Girlcopper 08-06-2021 06:49 AM

Quote:

Originally Posted by Mleeja (Post 1984296)
Withhold the deposit for defaulting on the rental agreement and say good riddance. Judge Judy just loves theses types of cases… :-)

You cant with hold a deposit for this. The deposit is for any damages. Let them leave, clean the place and rerent. Im surprised you would even consider hiring an atty for something like this and maybe the attys arent returning your calls because they think its nuts too. Housing market is tight now and itll rerent in no time. Stop pursuing something so trivial, list the place for rent and move on.

Iowabuddy 08-06-2021 07:05 AM

Not worth the hassle. Renters are easy to find, rent it at a higher rate and move on.

Toymeister 08-06-2021 07:14 AM

Quote:

Originally Posted by DALEPQ (Post 1984423)
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.

Repudiation of a contract can have consequences, true. But any contact is only as good as the enforcement mechanism. With a debt judgement you can sell (assign) your judgement to a debt collector. Expect no more than 50% and more likely 30% upon collection, if anything.

If you want 'satisfaction' rest assured you will cause their home and auto insurance to increase as well as their credit card interest rates. Their score will take a 150 - 200 point hit. Your judgement will remain on their credit report for years (varies depending on their state of residency).

GolfGirl122 08-06-2021 07:16 AM

Consider it a blessing and get a new tenant for September. Request a vacancy from the current tenant on or before 8/31. Attorneys, court, takes money, time, and frankly, not worth it. The first question the Judge will ask you is if you tried to re-rent the house, did you try to mitigate your damages (loss of rent). This is the not so fun part of being a Landlord, but you shouldn’t have a problem finding a renter these days.

cgrimes6554 08-06-2021 07:20 AM

Quote:

Originally Posted by DALEPQ (Post 1984177)
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.

Don't have an attorney; but if you need a rental , I have one available from 9/1/21 to the end of the year--contact me at 410-340-7585 chris

Proveone 08-06-2021 07:31 AM

Your rental agreement should have stipulated first and last months rent at signing and a sizable security deposit. Also include language that they will forfeit last month's rent and security deposits if they break the rental agreement by leaving before the end of the rental period. If your agreement included those provisions, cut your loses. You'll spend more money going to an attorney.



Quote:

Originally Posted by DALEPQ (Post 1984177)
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.


Bernie66 08-06-2021 07:35 AM

If you’re on Facebook, a good group to join is “Landlords of The Villages.” That group usually has some good suggestions and has experienced just about everything.

I am a landlord in The Villages and Wisconsin. My opinion is to go with a collection agency on this. I’ve never experienced that in Florida, but in Wisconsin I have recouped unpaid rent that way. I have filed a couple of lawsuits in Wisconsin for problems with tenants up here, I would not have been able to do that from another state. The court appearances make it too difficult to try that from another state in my opinion.

G.R.I.T.S. 08-06-2021 07:43 AM

Quote:

Originally Posted by DALEPQ (Post 1984177)
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.

Report the renter(s) to the Big Three credit reporting agencies.


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