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josemartins
Oct 20, 2008, 06:01 AM
Hello,

I’m the landlord, property in Florida, tenant broke a 12 months lease contract. The contract says: “This is a lease TERM, not to exceed 12 months, beginning on [month 1] and ending on [month 12]”.
Tenant left the property with 9 months and a half. I could re-rent the property at beginning of the month 10, but I assumed that I would have the rights to keep their security deposit because of the financial losses that I incurred paying realtor commissions twice in less than 12 months. Can I keep the security deposit?
Thanks, Jose.

LisaB4657
Oct 20, 2008, 06:05 AM
You can keep that portion of the security deposit that covers your damages. If you are able to re-let the apartment 2 weeks after they left then you are entitled to keep 2 weeks worth of rent plus the costs you incurred in finding a new tenant (the commission).

Make sure you send the tenant a detailed, written accounting of how the deposit was used within the time required by Florida law!

josemartins
Oct 20, 2008, 08:49 AM
Lisa,

I forgot mentioning, tenant had to move for business reasons. Does that change anything?

Thanks.

LisaB4657
Oct 20, 2008, 09:02 AM
Lisa,

I forgot mentioning, tenant had to move for business reasons. Does that change anything?

Thanks.

Nope. They signed a contract and they are responsible for fulfilling it.