[JTLoehnert]

Better Call Saul

[Luggage]

I had that happen in New Jersey and I figured that if they really needed the money, then that's part of my charity. But I can tell you that even if you get judgment, and you can hire the sheriff to collect usually and they get a percentage and you have to pretty well know where the bank is and get a claim against them.

[msilagy]

I have had this issue back in Illinois with 2 renters over the years. Small claims court may rule in your favor which is good however then you have to collect. If they are working garnishment of wages or possible pension or SS but this all costs money. So in both instances I chose after a lot of research and advice from a lawyer not to pursue it. One renter owed me $1400 and the other did damage to the home that cost over $1500 and they lived out their security, In the end after all the fees it may not be worth it. Sorry this happened to you.

[crash]

Originally Posted by Bjeanj

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.

No one has a problem renting in season in the Villages. While filing in small claims I would put it on a rental site like vrb*

[mpcolonel]

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 $$$.

It is illegal to discriminate against disabled persons. You may end up on the receiving end of a lawsuit.

[rsmurano]

Of course you should sue them. The money wouldn’t matter to me it’s the principal. People can’t think it’s ok to screw people out of money. If a red flag is shown to a future landlord then they might have to pay more for the next rental or be refused. I would also call a collector on them so they have a red flag on their credit report for not paying rent

[DeeCee Dubya]

Full Marks

[Travelhunter123]

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.

Add any cleaning, damage, transportation, advertising costs, to your suit

[merrymini]

Good luck. Costs money and time and you may not collect a cent. People like this know the system and work it. Courts usually side with tenants with the attitude that the owner is better off then the tenants that rent from them. Do not call their present landlord or you might be hit with a law suit indicating slander.

[FredJacobs]

Small Claims Court is made for these types of disputes. You do not need a lawyer, you can present your case by yourself - just like the "courts" that you see on TV - i.e. Judge Judy. If the defendant does not appear, an automatic judgement is awarded to you. Your problem will be in collecting the judgement. If the defendant refuses to pay, you can have a lien placed on their property. Because they are renters, it would appear that the only asset you could attach would be their car. If you do that, they will be unable to trade it in or sell it until the lien is satisfied.

[Michigan Farmer]

First day a small claims you wait to be called, acknowledge or deny the claim, go to arbitration that same day. If the two sides cant agree, back to the court room and have a trial date set. If you win at trial collecting is difficult. First you write a demand letter for your money, if you dont get paid you file a judgment lien, and then have the lien foreclosed on. The property foreclosed on is then auctioned and you get paid. All of this is at your expense but your expenses will be covered by the auction proceeds. I was lucky in that I was suing a business which opens up a great many of assets to lien on. Personal property is very limited.

At least that's how I remember it.

[maggie1]

Originally Posted by 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.

I don't know if this would work, but it's my understanding that Florida has some pretty stringent laws against defrauding another if the fraud is by a check. Let's say you plan on renting the house in the future, and the rental period is for three months, would it be worthwhile to have the renter write three separate checks one for each month they plan to be there, which you would then hold and only cash when each month is up? If the person wanted to skip out on the contract and tried stopping payment of the check, then I would think this to be an act of fraud and subject to the filing of criminal charges. This might be something to run past an attorney or the county/city law director. It's just something to think about.

[Bay Kid]

If they bought a home put a lien on their property. Courts seem to be for the poor tenant.

[RayAmb]

I took a plant nursery to small claims court. They were able to pay and did. It cost about $500 to do it. My claim was north of $3000. WOULD I DO IT AGAIN?

If the amount was worth the risks of counter suit, the chances of a 100% win ( not 40%) were likely, they had the ability to pay and were willing to do so. I had plenty of time and wanted it on my mind for a long time. And I couldn’t write it off. Not to mention the family disruption.

PRINCIPAL, YEAH let me know how that works out for you!

BTW, I wouldn’t count on our State attorney to process anything if you ever got a court order due to non payment.

[JerseyGurl]

You had a contract. File in small claims court. The person I sold my NJ home to in May 2020 received my 2017 (state is 3 years behind) $1000 homestead rebate in May 2021. My closing attorney is charging me $150 plus $50 fees. Good luck. It’s our hard earned $$$.