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Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)
-   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/)

ROCKMUP 08-06-2021 09:39 AM
Even if you win in Small claims you still lose. You will never be able to enforce it.
Not to mention the fact that the civil courts are backed up 8-12 months for these types of cases.

As many have said, just move on.

Vermilion Villager 08-06-2021 10:06 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.
I assume you collected a security and damage deposit. You can keep those.

Lease or rental contracts are not like business contracts in terms of breaching them. In rentals the agreement or "contract" is you give me a place to live I give you money. It's a monthly agreement. Leases do more to protect the renters than the landlord. Iv'e had numerous rentals and never do a lease because they bind you but not the renter.

Most states have laws that allow for recovery of damages. Here's the important part....if you cannot find another renter. You will be able to find one thus you will not be able to go after the old renter because you were not harmed. I suspect that is why none of the attorneys called you back.

DALEPQ 08-06-2021 10:06 AM
A final note:
Thanks for all the responses, got the info. I was looking for.
Will now just kiss this goodbye. Hoping there are no substantial damages.
No more responses are now needed.

Alana33 08-06-2021 10:52 AM
If you go to Small Claims court and win, you can place a lien against them, on their property/vehicle.
A Marshall can take car until lien paid or if lien not paid they can't register vehicle until it is.
Effects their credit as well and remains on them until lien is satisfied.
Sometimes it's not worth the effort, especially if they leave place in clean, undamaged condition and utilities are paid up to date and if your lease states they lose deposit due to early termination of the lease.

Good luck.

kendi 08-06-2021 11:23 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.
I don’t see the purpose in wasting money on a lawyer. Maybe something came up and the renter has no alternative. Or maybe just changed their mind. Either way it happens. Forget about it and move on. You don’t want to be labeled as a bad landlord. It’ll get around fast on social media. And as others have said you might end up better off with new renters.

Villageswimmer 08-06-2021 11:29 AM
Take a deep breath. Move on. The stress isn’t worth it.

LateBoomer 08-06-2021 11:35 AM
i hired an attorney a year ago that specializes in real estate issues. Cost me $5,000 right up front. and $2,000 every month after that. is it worth it? for my issue, it was but for 4 months rent? I doubt it makes sense and you may not even win. Keep their deposit, find another renter

DAVES 08-06-2021 01:11 PM
Quote:
Originally Posted by LateBoomer (Post 1984787)
i hired an attorney a year ago that specializes in real estate issues. Cost me $5,000 right up front. and $2,000 every month after that. is it worth it? for my issue, it was but for 4 months rent? I doubt it makes sense and you may not even win. Keep their deposit, find another renter
I understand your view and many share it. We do not have all the information from the original poster. We do not know if the renter has a history of doing this. Actually the original poster may have checked and not found any negative history. The reason could be everyone before, decided it is not worth the trouble.

As stated previously I am not a landlord. I looked into it years ago and decided not to.

I've dealt with attorneys. Interesting fact, the US have more attorneys per capita than any of our competing industrialized countries. Cause and effect? We also have more lawsuits. Yet another added cost to all business.

DAVES 08-06-2021 01:19 PM
Quote:
Originally Posted by Alana33 (Post 1984764)
If you go to Small Claims court and win, you can place a lien against them, on their property/vehicle.
A Marshall can take car until lien paid or if lien not paid they can't register vehicle until it is.
Effects their credit as well and remains on them until lien is satisfied.
Sometimes it's not worth the effort, especially if they leave place in clean, undamaged condition and utilities are paid up to date and if your lease states they lose deposit due to early termination of the lease.

Good luck.
Interesting. I've gone to small claims court twice in my lifetime. As I had posted, if I recall the fee, in another state was like $20. I won, AND COLLECTED both times.
Someone corrected me. The fees in Florida are much higher and is a percentage of the amount of the case. People typically, if they win in small claims court find it impossible to collect. If, in Florida though they charge far higher fees, if included in those higher fees is power, and aid to collect, it is perhaps a bargain.

janiemcauburn 08-06-2021 01:38 PM
Renters
 
Quote:
Originally Posted by asianthree (Post 1984422)
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.

Is renters taking advantage of the CDC saying renters do not have to pay rent an issue with short term rentals?

janiemcauburn 08-06-2021 01:38 PM
Renters
 
Quote:
Originally Posted by asianthree (Post 1984422)
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.

Are renters taking advantage of the CDC saying renters do not have to pay rent an issue with short term rentals?

EdFNJ 08-06-2021 01:55 PM
Quote:
Originally Posted by DAVES (Post 1984698)
Those shows are amusing and they are entertainment. They are edited. The cases are chosen because the people involved are amusing and I think any awarded money is paid not by the loser but by the show.
He did ask for a REALITY LAWYER in his OP. Maybe Judge Judy may be the right answer as it is a REALITY TV SHOW (where decisions are legally binding as it is considered a legal arbitration).

How Much Is the Appearance Fee on ‘Judge Judy’? And Who Gets Paid?
From above: If Judge Judy Sheindlin issues a verdict of a specific dollar amount, the plaintiff receives that amount in addition to their appearance fee.

Spikearoni 08-06-2021 02:00 PM
Where in the U.S. Constitution is there a regulation with regard to rental policies and/or rental policies during a pandemic?

Spikearoni 08-06-2021 02:00 PM
Quote:
Originally Posted by ithos (Post 1984445)
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.
Where in the U.S. Constitution is there a regulation with regard to rental policies and/or rental policies during a pandemic?

Babubhat 08-06-2021 03:15 PM
You would likely need to prove you were unable to re-rent the premises to mitigate damages. Highly unlikely it worth your time to recover damages from them.

A plaintiff has a duty to mitigate damages and cannot recover losses it could have avoided through reasonable efforts." Thrifty-Tel, Inc. v. Bezenek (1996), 46 Cal. App. 4th 1559, 1568-1569.

"It has been the policy of the courts to promote the mitigation of damages. A plaintiff cannot be compensated for damages which he could have avoided by reasonable effort or expenditures." Green v. Smith (1968), 261 Cal. App. 2d 392, 396.


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