worth to pay attorney to get security deposit from tenant who cancel the lease and maybe sue them? (apartment, house)
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I'm located in Sunrise, FL. I have signed the lease with the tenant through realtors, tenants have signed too. but they wanted to cancel next day, even before they applying to HOA. Supposedly they should release a cancellation and both parties need to sign, and they should pay me one month security, but this couple first threatening me they're not going to pay me, and they will consult the attorney; next day they sent me a cancellation direct to me and i agree to release their security deposit(one month, $1825), obviously i won't sign and forwarded to my realtor. This cancellation should to be done in a proper way (through realtor, with all names listed, security deposit release to me). So now what if this couple dont release anything, dont pay me anything, what should i do? can i still accept other offers? the best solution is just for them to apply to HOA if they get rejected then nobody lose (i lose time) but they dont want to waste money Can anyone give me some advise what i can do now?? The attorney said he can help me prepare a demanding letter for them to pay me, that will cost me $350, i actually should get 2 month as liquidated costs of damages based on lease. but if they still dont release cancellation or pay me, i will have to sue them. That hourly cost will be $285 and idk how many hours he will need... then even though i win, it will cost me to collect the money.. idk if it worth to do all these... can anyone give me some advise?? very stressful now.. thank you so much!
It sounds like you have the right to chase after them, but it's probably not worth the headache. This time of year, I would think you should be able to just turn around and get someone else in the unit pretty quickly. When people don't pay, it's usually not worth the headache and costs to try to get them to. Just move on, learn whatever lesson is there to be learned (did they throw up any red flags at any point before this?), and move on with people who actually want to rent from you (people you would prefer anyway).
I'm located in Sunrise, FL. I have signed the lease with the tenant through realtors, tenants have signed too. but they wanted to cancel next day, even before they applying to HOA. Supposedly they should release a cancellation and both parties need to sign, and they should pay me one month security, but this couple first threatening me they're not going to pay me, and they will consult the attorney; next day they sent me a cancellation direct to me and i agree to release their security deposit(one month, $1825), obviously i won't sign and forwarded to my realtor. This cancellation should to be done in a proper way (through realtor, with all names listed, security deposit release to me). So now what if this couple dont release anything, dont pay me anything, what should i do? can i still accept other offers? the best solution is just for them to apply to HOA if they get rejected then nobody lose (i lose time) but they dont want to waste money Can anyone give me some advise what i can do now?? The attorney said he can help me prepare a demanding letter for them to pay me, that will cost me $350, i actually should get 2 month as liquidated costs of damages based on lease. but if they still dont release cancellation or pay me, i will have to sue them. That hourly cost will be $285 and idk how many hours he will need... then even though i win, it will cost me to collect the money.. idk if it worth to do all these... can anyone give me some advise?? very stressful now.. thank you so much!
Gigantic and massive waste of time all around. Just rent the unit and move on - if you can get the $1825 for your signed release from the lease, you hit the jackpot.
Waste of your time. Yeah you can probably enforce the lease as it is signed and executed but do you really want someone who doesn’t want to be in your rental, in your rental? Or out there possibly doing something to your unit while it’s vacant?
Send them their deposit and let them go on their crazy merry way. Since they are declin8ng tomrent you can keep searching for a better tenant.
If you’re legally allowed to keep the portion of the deposit then that’s just medicine for your headache
Under Florida law, you can sue them for the full duration of the lease. You can have an attorney draw up the papers and send demands letters if you want, but you can easily do this yourself or have the realtor do it.
Blame the realtors for not getting a holding fee before the lease was signed. A holding fee agreement protects the landlord, a lease protects the tenant.
Location: Was Midvalley Oregon; Now Eastside Seattle area
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We lost a apt tenant who stayed just one night. She found a house to rent. We kept the deposit because she did not give 30 days notice. We refunded what portion of the month that it took to secure another tenant, 14 days, mid month occupancy. We got lucky to rent in mid-month. Old tenant was lucky that we tried hard to find a new tenant. New tenant was lucky to find us.
If you don't have possession of the deposit, you are not in a favorable position. You can threaten and perhaps negotiate some compensation to get the matter completed. You can try to blackball in their reference.
IMO- them signing the lease one night probably didn't change the availability of the apartment much. I usually treat people the way I'd want to be treated and would have given them their deposit back since they changed their mind within 24 hours (and didn't move in or complete HOA application). But I totally understand you're position and why that's not ideal.
Even though you are out money for the lawyer, you only had to get one because you weren't flexible with them. Learn the lesson and good luck on renting the place to someone else!
If they told you in writing they want to cancel, and you already returned their deposit, you don't need anything else in writing as far as a release goes. Just make sure they don't have keys, and go ahead and rent it to someone else.
You'd only have to deal with anything further, if they tried to sue you for breach of contract, but then you'd just counter-sue them. Not likely to happen.
So, just move on, is my advice. Because, if you pay a lawyer, even if you won against them, then you'd have to try and collect from them. And in the meantime, you are paying out of pocket to your lawyer and whoever you pay to try to collect from them, etc.
But, you really don't need anymore paperwork, as long as you have something in writing from them that they want to cancel, and then you have proof you gave them their money back. That is very clear evidence that you guys canceled the agreement.
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