[valuemkt]

Developing a rental contract here in The Villages is much different than in many other parts of the country. There have been many well blogged cases of people entering into a long term agreement and having it breached right after high season.. the tenants paying the lower monthly rate through the high season then suddenly coming up with a lame reason of early termination. Thats why rent collection is done well ahead of move-in time, monthly payments are skewed to insure maximum rent through high season etc. In my fairly extensive rental experience, I've only been torched once, by a Canadian Couple - I got a judgment, but culd never figure out to get the RCMP execute the demand for collection or institute a lien. I have garnished wages, put liens on properties.. but these were few and far between, and all done without legal assistance. Should someone try and take advantage of me, I can assure you that someone's credit record would be destroyed and all means would be executed to collect what was mine and lien anything and everything in sight.

[GRACEALLEMAN]

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.

Remember the law is always foe the tenants. Against landlords

[Vikingjunior]

They could always file bankruptcy. Then you get nothing.

[Bruce3055]

I once won a small claims in Ohio against a building contractor for shoddy work. But the ability to collect was futile.
And on the same claim, I struck out with the Better Business Bureau of which the contractor was a highly rated member of the BBB. It turns out, the BBB is paid by the business for their membership and the consumer doesn’t pay BBB. The business retained their A rating with BBB.
My efforts were educational for me.

[Toymeister]

Most replies posted so far are simply garbage.

I rented my home, I had a small claims case over RE in Sumter County. You know those lucrative Federal contracts? I wrote them, signed them, handled contract disputes for four decades. As you may of guessed I won my case in 2021.

If you file, you certainly will prevail as they won't appear. It's all done by video now. If they did happen to show up you would likely be referred to arbitration. Failing a satisfactory arbitrated agreement you will appear before the court again. Summarizing your case, presenting relevant support with your initial filing and following all court instructions with the utmost respect to the Judge is essential. Remember, your audience for your case is the Court, not the defendant.

They won't show because there is no effective, immediate, means to enforce it, meaning they are not forced to write you a check. As said by others you can sell (assign) the judgement to a collection agency for 25% or less of face value.

So is it worth it? Only the OP can decide.

[Velvet]

Originally Posted by Babubhat

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

I think it is very important to know who you are renting (trusting) your property with. If I was their new landlord I’d want to be warned.

[DAVES]

Originally Posted by 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.

Re: renters
That is the reason why I do not own any rental property. I see it as what it is THIEFT.
As far as small claims court and renting in the villages, I believe the law is you must sue where the party you are suing lives, not where you live. When you rent in the villages I expect if you use small claims to collect you will likely need to sue in another state.

Only 3,000 is not bad. We have friends who rent homes in NY. I recall hearing about some person who lived in their property for almost a year. When he finally was evicted, he owed them over 10,000 in back rent, he had damaged the property AND THEY HAD TO PAY HIS MOVING EXPENSES TO GET RID OF HIM.

[DAVES]

Originally Posted by 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

I agree with the thought. Unfortunately REALITY is far different. Our legal system which covers all, leans toward the tenant. Loss to the landlord it is assumed he can afford it and they do not want a bunch of homeless people on the streets. As far as evicting tenants for not paying rent it is or was easier in Florida than in places like NY or Chicago but I expect with covid it has become far more difficult.

As far as collection agencies, they will not spend much effort chasing after a couple of thousand dollars and should they collect they will take at least 1/3 of what they collect

[Tenmoss79]

I just retired from Property Management of 30 years in Maine. In those years, I never lost a months rent. I managed multiple properties for local landlords as well as for my own rental properties. One thing I did to prevent losses was to screen each prospective renter. I called 3 past landlord references and 3 personal references and checked their credit score every time I rented to someone. This system worked very well. Most people with a credit score of over 750 are very responsible with their finances and paying on whatever they obligate to. I also did not rent to people who could not afford to pay the rent. It does not matter where the money comes from, disability, SS or a pension, no need to discriminate! If they don't have a solid income, enough to pay rent and live comfortable on their monthly income, don't rent to them. That isn't discrimination. I was very surprised, as now a renter in The Villages, neither Landlord I rented from this winter checked my references, asked for a credit score or what my retirement income was. I always asked those questions and if someone reacted offended and unwilling to share, then I believe they have something to hide. I also, like others who have replied to this post will recommend not wasting time and money in court. I would spend my time and due diligence in the beginning of the Tenant/Landlord relationship with screening applicants very carefully and choosing the one who is the most qualified applicant. Being a good responsive landlord is also KEY to finding a good Tenant. I expect to be interviewed as a renter and I also interview my Landlord to make sure we are a good match! Good Luck going forward, I always believed, the minute I lose sleep over being a landlord is when I get out. 30 years later and I retired because I wanted to, not because it was unpleasant. Proper Screening for a good Tenant and being the best Landlord you can be is a means for success. Last but not least, sorry for any financial loss on this one and better luck next time!