Legal Question in Real Estate Law in Florida

i am planning on suing the upstairs condo owner for lost rent due to water damage. must i send a letter informing her that she owes me money or is this the job of the process server to notify her?


Asked on 10/17/10, 11:01 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If you are suing in small claims, you will pay the court for the process server. You would be smart to send her a letter demanding the payment before taking her to court though. You may save yourself the expense of filing if she just pays, or tells you that it is someone else's fault, and you have the wrong party.

You also must be prepared to prove your case, meaning that you must show a loss as a DIRECT consequence of the water. This means you have documentation that BUT FOR the water damage, a tenant would have rented. This is a high hurdle to cross.

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Answered on 10/22/10, 2:01 pm


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