Legal Question in Landlord & Tenant Law in Florida
our renter has left abruptly 2 months before end of contract; was put in care facility by her daughter; we phoned and wrote to daughter/renter to let them know they in breach of contract; daughter told us to use security deposit for one month; and good luck for the other month rent due. what is our recourse for 2 month rent, cleaning fees, we live out of the country. do we have to be present if we sue in small claims court for rent, cleaning fees and travel and court costs?
1 Answer from Attorneys
If the tenant was put in a care facility then her daughter probably has Power of Attorney and Guardianship over her. If that is the case then I suggest you do as she stated. It would probably cost you more money to try and sue especially if it has been determined that the tenant is incapacitated. However, if you wish to pursue you can sue in small claims and ask the court to appear by telephone.
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