My tenant who signed a 12-month lease in November just told me she is moving out in less than a week. She took it upon herself to prorate this month's rent. I would like to enforce the lease agreement and collect the rent for the remaining months of the term, but I need to know how to go about this. Thank you for your help.

Sarasota, FL

I am going to sound real mean, very mean, you should not be in the rental business if you don't know how to do all for this.

You will have to sue her in court basically after billing her for the balances for being in violation of the lease. Then after you win, many times they still won't pay, and you will have to try and find her bank accounts to freeze or where she works to garnish her pay.

And you can't actually just make her pay the balance, just the part that it stays empty. You first have to try and rent it, and then she is responsible for that part it stays empty.

You need to explain that she can't just move and she will be paying and you will have to sue her and will even garnish her pay if she does not pay.

But if she is a dead beat and there are 1000's of them, you will be lucky to have your money a year from now.

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Originally Posted by powellgolf

My tenant who signed a 12-month lease in November just told me she is moving out in less than a week. She took it upon herself to prorate this month's rent. I would like to enforce the lease agreement and collect the rent for the remaining months of the term, but I need to know how to go about this. Thank you for your help.

Sarasota, FL

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Landlord -tenant law in FL is fairly simple. I was born and raised there and recently relocated. Go to the Landlord-tenant division of your local civil court, file the necessary papers, pay the fee, have the tenant served and go to court. You should have all of the tenant's information, right? You did have them fill out an app and do a credit check right? Please say you did. You did check references didn't you? If you did, then once you go to court place it on his/her credit report. And you are done.

Hope this helps.

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Originally Posted by Fr_Chuck

You will have to sue her in court basicly after billing her for the balances for being in violation of the lease. Then after you win, many times they still won't pay, and you will have to try and find her bank accounts to freeze or where she works to garnish her pay.

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Wage garnishment in the state of Florida is not easy to do. Florida isn't a state that likes to do that. Im a native Floridian and worked at a law firm there as well as the Florida Bar Association during my collegiate career. Not to mention on Mock trial teams all the way through college and a member of the Hatchett Prelaw Society. And started Law School -- didn't finish though. But I've read a lot throughout those experiences. That is a tough thing to do in FL - wage garnishment.

What are the Florida Laws concerning a tenant breaking a rental apartment lease

Hello box:

You should start your own thread. Maybe somebody will come along and do it for you.

There's LOTS of laws, and you should read them. We have a copy right here at the top of the real estate page on a sticky note.

excon

How does a broken lease work in Kansas. Where do I start? The renter has given < 30 days notice, 3 months into a 1 yr lease

Hello j:

You TOO should start your own thread. It'll get a lot more attention that way.

You start your landlord career by reading your state landlord/tenant laws. We have a copy of the right here at the top of the real estate page on a sticky note.

excon

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Originally Posted by Fr_Chuck

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And you can't actually just make her pay the balance, just the part that it stays empty. you first have to try and rent it, and then she is responsible for that part it stays empty.
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Not so in Florida.