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