Q: Can I claim unpaid housing costs from a co-owner in Florida small claims court?
My father remarried and jointly owned a house in Port Charlotte, Florida. Before his wife's death in August 2023, the deed was changed to co-ownership between me and her son, with no right of survivorship. After her passing, my father lived in the house until his own passing in March 2024. Her son is refusing to pay his share of utility and association fees. The deed was changed to his name at the same time as mine. I'm planning to sell the home and want the title company to adjust his share of the proceeds for his 50% portion of the bills I have paid since my father's passing. There was no written agreement on housing costs, but I have documented payments and communication attempts. The title company may not secure agreement at closing. My question is: If we cannot settle this during the sale closing, can I make a claim in Florida small claims court after the closing?
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A:
You may be able to claim the unpaid housing costs through Florida small claims court, even after the closing. Since the deed was changed to reflect co-ownership and there was no agreement regarding the payment of bills, the court could consider the payments you've made as part of your attempt to fulfill your obligations as a co-owner. Your documentation of payments and communication attempts could support your case.
If the title company does not adjust the proceeds at closing, you can proceed with filing a claim in small claims court for the unpaid share of utilities and association fees. Small claims court in Florida allows you to seek compensation for amounts up to $8,000, which should be sufficient to cover your costs.
Before filing, make sure you have clear evidence of your payments and the agreement (or lack of one) between you and the other co-owner. Since you have made attempts to resolve the issue and have documentation, the court is likely to take this into account. If the situation cannot be settled at closing, small claims court offers an avenue for legal recourse.
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