[lmack]

Originally Posted by DALEPQ

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.

It's been a while but last time I did this it was in PA but should be similar civil complaint through district court (small claims without an attorney). The people at the court office where you file provide the form and also advised me how to calculate the filing fee (which could be added onto the amount I was claiming). I needed to fill it out in detail (repairs, rent, the filing fee then a total). I got a hearing in about 10 days or so but I needed an address for the tenant to receive the hearing notice (as well as ultimately to exercise any judgment when I prevailed). There was timing involved, waiting for judgement, then waiting for the period I was allowed to serve it. All do-able in my case as the tenant had caused significant damage. But, if no new address, you have to find them first and if they are out of state it's a LOT harder as we would have had to transfer the judgement to that state first before serving.

All that said, if it's for lost rent, I just take a deep breath and advertise right away and try to replace the tenant as the process (even small claims) outweighed my time to go through that exercise if I successfully secured a new renter.

I understand you are upset but, as one poster cautioned, they are in your house now and you want it back in good condition. Also, do they have your key, your gate pass, furnishings or a cart? A lot is at risk. I might suggest you begin to advertise, inspect when you arrive and try to be cordial (disappointed with them for leaving early, ok) so you can get the forwarding address for their security deposit refund once you inspect and find another tenant. That way, if you need to act, you won't have to search for them.

Sorry for your issue. We've rented for many years and it usually goes smoothly but, when it doesn't, I understand how upsetting it can be. Good luck!

[merrymini]

Make certain you change the key to the house after any tenant. That reduces any liability you can have. You will be thwarted by going to court, speaking from experience, let it go and charge them for all the cleaning and repairs needed.

[retiredguy123]

Originally Posted by Girlcopper

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.

Florida law allows a landlord to keep the security deposit to cover unpaid rent. There is no way I would return the security deposit to a tenant who vacated the house 5 months prior to the lease expiration.

[KRMACK55]

Originally Posted by DALEPQ

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 had similar experience down in the Gulf. Sadly the laws in this State do not protect the landlord and attorneys here won’t take a case unless they can cash in as well. Our tenant destroyed the structure we went to arbitration which took 2 years. When you rent to strangers getting a security deposit and references should be standard.

[KRMACK55]

Originally Posted by Dana1963

Which law firm wrote up the contract

The landlord probably did from rental forms for Florida online.

[KRMACK55]

Originally Posted by Orvil

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.

Wrong. Just arrive before the tenant does internal damage. A bonus ? Makes zero sense

[crash]

Originally Posted by DALEPQ

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.

Judge Judy.

[KRMACK55]

Originally Posted by valuemkt

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.

You can use the security deposit against the use of the place. Small claims court has a limit which is less than the monthly rental amount. Clean it up rent and understand you cannot receive redress in Florida. Don’t waste the money. There is no such thing as a realty attorney. There are general attorneys but even the mediocre ones won’t bother with the case.

[Looking for next wife]

Realty. Just trying to help in case you are doing searches.

[KRMACK55]

Originally Posted by DALEPQ

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.

Be prepared to be very disappointed and your wallet smaller by a lot due to this being a nuisance case an attorney you don’t even know takes your money.

[Spalumbos62]

Originally Posted by DALEPQ

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.

Here's my question, if they leave 9/1, and let's say you get someone in by 10/1 plus you have one month security....have you loss anything? I too watch judge judging I think she would rule that you have not had a loss here. In addition, I'm sure the people are vacating because of covid, which is another whole ball of wax for both tenants and landlords.
I would just not bother IF you do get it rented quickly, regardless of the fact that they walked. Possibly add that provision to future contracts.
Have you considered doing a walk thru on 8/31?

Ps...not trying to lessen the validity of your point, I know- been there,done that...just seems like the courts favor the tenants, big time.

[Pginbr]

Tos

[DAVES]

Originally Posted by DALEPQ

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.

My OPINION. First of all if you call the Florida bar association they can get you a list of attorneys who handle this type of issue.

I have considered it but I have never been a landlord. I am not an attorney. If, I understand it you had have a tenant. They have given you notice that they are breaking the signed lease. My OPINION based on experience, there is a difference between right and wrong AND LEGAL. They are not the same. An attorney will advise you.

I don't BELIEVE you have any chance of collecting the four months rent. Hopefully they will leave your property in reasonable condition. Perhaps, you can recover part of the loss of expected income by being prepared to restore the property-paint? Scrub? Etc? and rent it again.

Oh, and again I'm not an attorney. Due to COVID 19 or whatever the current excuse is, you will likely have trouble if you need to evict a renter.

Perhaps, a clear explanation why I have never been a landlord.

[DAVES]

Originally Posted by crash

Judge Judy.

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.

Not at all reality. However, night court, I went there once with my father who was accused of something. He was guilty, I think the question was the penalty. It was in New York City and that was amusing. I recall some guy seeking an order of protection from his wife.
She outweighed him by like twice and she had beat him up.

[Seamus6]

Laws in this country increasing favor deadbeats and criminals. If you follow the rules, pay your taxes, uphold your obligations, the laws will not favor you.