Legal Question in Real Estate Law in Florida
Small Claims Rental Property
I purchased a home 4/10/00, my rent was paid in my duplex to 5/01/00. On my moving day 4/22/00, the new tenant moved in without my consent (iwasn't there when she showed up with a uhaul and started unloading)the landlord was also unaware. I still had 9 days to get finished and cleaned up. Now I say my landlord owes me 9 days rent for the time I wasn't there and the new tenant should pay the landlord for the 9 extra days she was in (and she was totally moved in, food and all) My former landlord says it's between me and the new tenant, the new tenant has told me point blank she isn't paying me. We are talking $187. Is it worth it to file in small claims court. Should I file against my land lord or the new tenant? By the way, I lived there for 6 or 7 years and was not on a current lease, however; I do have cancelled checks.
1 Answer from Attorneys
Tenant sublease/ Squatters rights
FACTS: Lived in duplex for 6 or 7 years; not on a current lease; have cancelled checks showing rent was paid to 5/01/00. On moving day 4/22/00, new tenant moved in without my consent. Still had 9 days to get finished and cleaned up. Feel my landlord owes me 9 days rent and the new tenant should pay the landlord for the 9 days. Landlord says it's between me and the new tenant, the new tenant says not paying $187.
Q. Is it worth it to file in small claims court? Should I file against my landlord or the new tenant?
A. Probably not, unless you have nothing better to do. You will have to advance the filing fee and service of process fee; attend pretrial mediation and possibly trial [two trips to court]; and then if she won't pay, a separate action to try to collect your money from someone who may be debt proof. She will claim fees for cleaning up your unit as you didn't clean before you vacated.
I agree with your Landlord that you would have to look to the new tenant. You could have moved her stuff out to the curb until her new lease started or negotiated your sublease for nine days. You didn't and now it's probably not worth your time and additional money to pursue it.
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