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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55454
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good morning. This rental is in Florida. Original rent was

Customer Question

Good morning.
This rental is in Florida. Original rent was signed as 1700. It was written that house will be shown for sales. Tenant resisted even after giving 24 hours notice.
I agreed to reduce the rent to 1450 if the tenant agreed to show the house, sent an email with the agreement, but never signed the papers.
Tenant resister showing again. Now I had to with draw the house from market.
He now pays only 1450. He also changed the keys to the home. I informed him the deal is off. He still does not pay the full rent.
Can I get the 250 he owes me? Also any payment for delayed sale of the house and the distress caused during the showing?
thanks and regards
Sijo Kuriakose
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 1 year ago.
Your tenant is in default because: i) the tenant did not sign the agreement for the reduced rent and thus it is not an enforceable agreement; and ii) the tenant has failed to pay the rent prescribed by the signed lease in the amount of $1700. So, yes, you can recover the $250/month the tenant is not paying. Unfortunately, it's unlikely that a court would allow you to recover damages for the delayed sale of the house and/or any distress. The tenant's default allows you not only to terminate the lease, but also to pursue the unpaid rent. If the tenant doesn't voluntarily pay the unpaid portion of the rent, then file a claim against the can file this in small claims court without an attorney. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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