:( Well I just got a call from the tenant who signed the 1 year lease on my TH stating that it might not be such a good idea since she was trying to sell her house and wasn't sure it could be affordable. DIDN'T SHE THINK about this 7 days ago when I took it off the market and cancelled my ads and she signed the lease.
Now what is my next step? Does anyone know a good realestate attorney in Florida?
I do want to take her to court. Also can they put a lien on the profits from her house she sells if there is a judgment in my favor.
I spent a lot of time/$ on this gal.
Thanks to all!

Hello sg:

You don't want to take her to court, yet you want the advantage the legal system provides you?? You can't have both.

Nahhh, you can't put a lien on her house, but with a judgment you can attach her bank accounts, and that's even better.

You don't need an attorney. Just go read the Florida landlord/tenant laws. You actually should know them already... After all, they ARE the rules of the landlord business, and you're IN the landlord business.

We have a copy right here at the top of the page on a sticky note.

excon

I think excon misread, you said you DO want to take her to court. And that's what you will have to do. You have an advantage in Florida law that you are not required to make reasonable efforts to find a new tenant.

However, going to court and collecting a judgement are two different things. She signed a lease and that lease makes her responsible for the terms of the lease (did you get any security deposit or any other monies?). So you will likely win a judgement. But then you will need to collect. Most likely her home is exempt, but you can garnish wages or attach bank accounts, if you know where they are.

Thanks guys! YES I DO WANT to take her to court! And I can do this by filing the paperwork myself? Yes, I got a deposit and hopefully she didn't stop payment on it. Is that legal for her to do if she did stop payment?

Why didn't you deposit it immediately? I would have done that as soon as she called. Deposit it and wait for it to clear. You can apply that towards unpaid rental.

Assuming the amount she owes fits under smal claims court guidelines you should be able to do this yourself. Just go to your local courthouse for the forms.

Thanks Scott, I did deposit it as soon as she signed the lease which was last week and I checked and it's in my account, so hopefully she didn't. The bank told me it can take up to 5 business days.
I will file the paperwork and take her to court. There is no good reason (nothing medical or else) except she just decided it might be too financially hard for her!
Then why take up all my time and effort.?

I would give it a few weeks before I moved the money or considered it cleared. I would also ask your bank for a copy of the check if you didn't make one (I always photocopy checks from new clients). This way you have her bank and account info if you need to attach them.

You can hold her responsible for finding a new tenant. Make her pay for the ad, show the place, basically do all the work. I had to get out a lease once and this is how I worked it out with my landlord. I did all the work and found 4 people interested in the place, he choose which one he wanted then returned my deposit once he had the new tenants. As long as she gets someone new that you approve of and you don't lose any money in the process this should be an acceptable solution for all. If she won't do that then to court you go.

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Originally Posted by amricca

You can hold her responsible for finding a new tenant. Make her pay for the ad, show the place, basically do all the work. I had to get out a lease once and this is how I worked it out with my landlord. I did all the work and found 4 people interested in the place, he choose which one he wanted then returned my deposit once he had the new tenants. As long as she gets someone new that you approve of and you don't lose any money in the process this should be an acceptable solution for all. If she won't do that then to court you go.

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Lisa just posted one State where the landlord does not have to attempt to mitigate damages and can leave the place empty for the term of the lease if he/she decides and sue the tenant who broke the lease for full damages. Was it Florida? For whatever reason I think it was but I can't find the post.

Calling Lisa... or Excon... or Lisa.

Yes, it was Florida.

To sg1low--here are your choices:

1. Do nothing. But you can't sue her in advance for the full year. You can't sue for the full amount until the full year has passed.

2. Find a new tenant. Yes, you would probably be successful if you sued her but you won't see the money until more than a year from now. If you start looking for a new tenant immediately then there's a good chance you'll find one before a year has passed. After you have a new tenant who has moved in and is paying rent then you can sue the previous tenant for the rent between the time she should have moved in and the time a new one moved in, plus any advertising costs or realtors' fees.

As for the deposit, it's my opinion that you're entitled to keep it until you've found a new tenant. It is supposed to compensate you for that period that you held the property off the market. Once you find a new tenant you figure out your damages (lost rent, advertising costs, realtors, etc.). If the security deposit is less than the amount of your damages then you retain the full deposit and sue her for the balance of your damages. If the security deposit is greater than the amount of your damages then you deduct your damages from the deposit and return the balance to her.

I agree wholeheartedly with what Lisa said. I would recommend, however, that start looking for a new tenant. Remember, as long as you don't have one, you have to supplement the income you expect from the house. Plus, there is no guarantee you will collect when you win the judgement.

You guys are the greatest! Thanks so much. Scott I just called the bank and got a copy of the check, so I have her address, bank info/ect.
Do I have to wait a full year to file papers on this?

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Originally Posted by sg1low

Do I have to wait a full year to file papers on this?

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You can't file papers until you have actual damages and know what they are. So if you decide that you don't want to look for a new tenant and you want to hold her responsible for everything, then you can either file a lawsuit after one year for the full amount of the lease or you can file a new lawsuit every month for that month's rent. (Not recommended.)

If you decide that you want to look for a new tenant, then you wait until you get a new tenant and they start paying rent. Then you can file a lawsuit against the prior tenant for the actual amount of your damages.

Do I have to wait the whole year before sueing? What if it sits 3 months and then I am able to rent, sue her for the 3 months? I assume that includes ads that I had to rerun as well?

You only have to wait the whole year if you are not going to get a new tenant and you want to sue her for the full amount. If you get a new tenant in 3 months then you can sue her immediately after the new tenant starts paying rent.

And yes, you can include the costs of ads and/or a realtor's commission when you compute your damages.

Just remember that you can't double-dip. If a new tenant moves in after 3 months then you can sue the prior tenant only for those 3 months that you weren't receiving any rent.

I think I almost understand... if the property is vacant for 3 months then I find a renter, can I not sue the tenant who broke the lease for the lost 3 months plus expenses?

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Originally Posted by sg1low

I think I almost understand ...if the property is vacant for 3 months then I find a renter, can I not sue the tenant who broke the lease for the lost 3 months plus expenses?

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Yes, you can.

Bascially you have to wait until you know all the losses you have incurred. So as soon as a new tenant has moved in, your losses stop and you have the total you can sue for.

Keep reciepts for everything, ads, RE broker fees, listing fees etc.

Why not do it monthly instead of waiting till the whole year is done?

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Originally Posted by sg1low

Why not do it monthly instead of waiting till the whole year is done?

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Why not sue the tenant monthly? Because you'd be harassing her. Anyway, who has that kind of extra time?