[Petersweeney]

If you sue they are going to make something up like there was no hot water for a month or there were ants…. Your lucky they didn’t wreck the place…. Move on….

[MrFlorida]

So, you re- rented it and only lost a few hundred? It's not worth the aggravation, and time.

[retiredguy123]

Originally Posted by maggie1

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.

That is not the way it works. Normally, writing a bad check is a crime that can be prosecuted. But, if you write a check, and the payee agrees to hold the check until a future time, that is a totally different situation. It is a loan, not a bad check. So, if the check bounces, it is not a crime. It is default on a loan. It becomes a civil matter. And, it doesn't matter what date is put on the check. So, you need to be careful not to accuse someone of a bad check crime, if you agreed to hold the check.

[irishwonone]

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.

Getting a judgement and actually collecting is very difficult in Florida.

[DaisyDE]

I would take them to small claims court. Both parties signed an agreement for a reason. Glad you did your due diligence and re-rented asap. If you file, they may send you payment just to avoid court. I assume they rented another place in TV? If so, I'm curious to know why.
On another note, there is a Facebook page with over 1000 other TV landlords you can pose your question to. We share in, network and share leads. Landlords of The Villages. There is another FB page for landlords and renters. Home rentals in the villages fl. Best wishes!

[Ritagoyer]

You could contact the owner of the place they ar renting and give them a heads up on what they did to you. You may not get your money back but you maybe able to stop them from doing it again.

[JP]

I've owned and rented several houses/properties over the years and it was always somewhat of a problem. The best thing I did was have a realtor rent and manage them for me. Of course this basically took away most of the profits of renting but I did recover substantially when I sold the properties. It sounds to me like these people know how to scam the system. I'd cut my loses and feel I got out pretty easy and cheaply if I was you. Maybe consider having someone manage the property for you in the future although it really is financially not a great decision. Best solution: SELL at the crazy high prices that houses have in todays market.

[oneclickplus]

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.

Did they buy or rent in TV? If rent, consider informing their new landlord of their character.

[joelfmi]

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.

Thans for the transparency This is one of the reasons I will not buy into any 55-community home that allows renter.

[Babubhat]

Your best hope is they no show and get a default judgement. Then the Sheriff goes to collect. Not guaranteed to collect

[Babubhat]

Originally Posted by oneclickplus

Did they buy or rent in TV? If rent, consider informing their new landlord of their character.

Why would you invite a lawsuit for doing so? Has no impact on plaintiff. Just opening a can of worms

[DAVES]

Originally Posted by Babubhat

It’s a contractual dispute. You had an obligation to try to mitigate the damages by re renting it. Will factor into your claim. The dollars involved are probably not worth the aggravation

[url=https://www.avvo.com/legal-guides/ugc/landlord---tenant-landlords-duty-to-mitigate-damages]

Dollars not worth the aggravation. Perhaps, a more mature, common belief. Perhaps, because i grew up in a tough poor neighborhood. My view it is your duty to make them regret their action. Assuming the original post is true. They have committed THIEFT.
On top of that the same people are now renting elsewhere. As usual, we only hear one side of the story. Right, wrong and legal are not always the same thing.

[DAVES]

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've used small claims court twice in my life. It was in another state and frankly the fees were far lower than here if I recall it was like $18 to file. Both cases I was controlled angry. BOTH TIMES I WON AND I COLLECTED.

As I said it was not here. I would go to the court or wherever it is your file. I expect you will discover they are not allowed to advise you. However you can politely fish for information. Find someone to talk to. You will not get an official answer but I expect as far as collecting for the cost to file, I would put it into the case. You may of may not get it, it maybe normal policy if you win. If, it is not normal policy and you do not ask for it you may well not get it. I would and did sue for driving to the court , parking and meals, because I had to be at the court. I had it all documented.

Truth, it was almost FUN. When, I did it the judge, actually I think he is not a judge but is an attorney was on the side of the consumer a sort of people's court.

I sued and won against a huge organization. Their attorney was truly an incompetent person. She thought she could scare me, she thought a pile of paper would scare me
or perhaps she was paid by the word? They did not show up in small claims and pulled some maneuver to have it go to regular court. In regular court the judge decided she could pay me like a grand or go back to small claims. They chose to go back to small claims. It was like a hearing in a high school auditorium. To my surprise the judge from regular court adjusted his schedule to work in small claims. The incompetent atty tried some other baloney to get my case dismissed. To my shock the judge said to her, listen honey, we are not here to discuss the case. I had already ruled
We are here to discuss how much more than the original thousand ruling you are going to pay. Everyone including the court staff laughed when he said if you are wise you will just shut up. The judge gave me everything I asked for. I had a book on my desk.
It is a classic on small claims court. I was not far from the judge and the title of the book is hugely printed-surely he saw it. I well there is this book I bought. It was like he was looking to teach that atty her place. "Well your honor the title of the book is,"Sue the Bastards." The laugh from the riffraff alone was worth the effort.

My advice is same as the title of the book. YOU SHOULD READ THE BOOK. You should file quickly. I would expect they can claim they do not live in Florida so you will need to get a copy of their present agreement. IF, small claims tells you it will be months till they can hear your case, that may kill that option. You need to sue where the person you are suing lives. If, their current landlord is a villager, it is the perfect opportunity to meet them and make then aware of your problem. Immediately turning up the heat on this tenant. Are you speaking to these people? Registered return receipt letter is the way to go. I would send it BOTH to there home address and the florida address. I'm not an attorney but I know if they refuse to receive a registered return receipt letter it will come back to you. Should you go to small claims even though they refused the letter it is legally delivered AND THEY DO NOT KNOW WHAT THE LETTER SAYS-your advantage.

[Vikingjunior]

Was that rental contract witnessed or signed in front of a notary. They can can just deny signing any contract. Burden of proof is on you to prove they actually signed a contract.

[vintageogauge]

Originally Posted by DALEPQ

They are not on disability for sure. They are operating a business from the rental house.
They also had TD bank file in S.C. court in Dec. 2021, which they paid.
Found that as public info.
I am going to go after them, on the principal of it, "Don't screw with me" how's that!!!

You can also complain to TV that they are running a business most of which are not allowed.