Should I Sue My Tenant?
I have one year lease with my tenant in Park City, UT, now she wants to leave 6 month before the term because she purchased a new home, the rent is $1800/mo, so that's total of $10800, I think I have a good case, but here is my question:
1) If I win, can I get money out of them? she and her husband are self employed and they just start a national magazine business. so I guess they have some money.
2) should I hire a lawyer to handle this for me? if so how much would cost me? or what's the steps to do it by myself?
Thanks for all your advise! :-?
My understanding in FL, is that even if she leaves you must make a reasonable effort to rerent the unit. Once is it rerented, you can not collect rent and collect from the extenant for loss of rent because there is no loss of rent.
I would try to work something out. Inspect the unit, see what it looks like, come up with a number for any damages and then maybe ask them to pay six weeks (depending on your rental market) for marketing and vacancy to rerent. Tell them that if they do just walk, you use an agency that will pursue a deficiency judgement to garnish their wages, record a judgement on public records, and records the deficieny on their credit report. Your agency is just real agressive.
Brenda
You have a responsibility to mitigate your damages. That means you must attempt to re-lease the building. If you suffer damages you may choose to chase your existing tenant for those damages.
Damages in this case include your cost to advertise the building and, were you to rent it for less than the prior contract amount then you could claim that the reduction in rent was a damage and you could try to recover that as well.
But the reality is that your damages are unlikely to amount to enough to make it worth chasing them.
i agree with c/k it usually not worth it. the last tentant that i attempted to pursue filed b\k.........km