A tenant of mine signed a years lease. I jumped through hoops to make this fussy tenant happy. Two months into the lease, she tells me she needs surgery and can't afford the apartment. ( I think she is being dishonest) (her job has health benefits and she has sick days) I have her deposit of less than 200.00 . I also have her last months rent. She owes me a years rent because of this breach of lease, right? Do I have to give this back? She tells me that she will get an attorney. I live in Florida.

You're lucky to be a landlord in Florida. In Florida the law says that you don't even have to look for a new tenant if your current tenant breaks the lease. You're allowed to sit back and collect the rent for the entire year whether she lives there or not.

If you decide to look for a new tenant then you are entitled to keep collecting rent from her until a new tenant starts to pay rent or until the lease term ends, whichever is earlier.

Within 10 days after she moves out, send her a letter by certified mail, return receipt requested, that her deposit and last months rent will be applied to the rent that is still due from her until you either get a new tenant or the lease term is over.

Thanks Lisa, everyone thinks landlords are so wealthy, Im not. I was lucky to make my mortgage this month. In Florida, the cost of living is outrageous. My insurance bill was 3,000 dollars for a small duplex, not to mention the taxes. The woman gave me 8 days notice and then came knocking and screaming at my door. I refused to open the door to a screaming woman. I found out that she moved in with some guy. Trust me, she's driving a new car and I have an old one.

She owes you the rent till you find another tenant, In Fl you do not have to look for one, but you should be looking for one. The women will owe you and I would be sure to bill her for every penny

Thank you. I just hate it when a tenant signs a lease and then breaks it. They don't know what we have to go through and what we got to pay to get someone in there.

As a landlord I often make sure the tennatn hates it when they break it by the time I get done with them.

I always wait till the tenant leaves before I tell them they aren't getting their money back (it doesn't happen often) because I had some tenants I inherited when I first bought the place. They were drug dealing and had a gang hanging out all the time. I threw them out and they destroyed the place. Im not kidding , 5 foot holes in the wall. The Davie police did NOTHING, said it was a civil case. It was a father and daughter and the father died of hepititis and the daughter was underage and took off to unknown areas. I had to fix the place up , on my dime.

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Originally Posted by Fr_Chuck

As a landlord I often make sure the tennatn hates it when they break it by the time I get done with them.

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I completely agree! She broke the lease. You need to file suit against her. You may never collect on your judgement, but it will go on her credit (make sure you file and abstract of judgement with the county once you get it!) You ABSOLUTELY do not owe her a dime back! She owes you.

I don't know if you can in FL, but I know if you win a civil suit against someone in IN you can request to have a lien put on their house or veh. So if it ever gets sold you get your money before she does or anyone else (except maybe the government :D)