[yellowhouse]

I recently rented my villa in an over 55 development to a 64 year old for one year with lease commencing July 1. All went well and I received a $900 deposit, plus one month rent in advance. Last week, I received a call from her son saying that she was hospitalized and would require assistance until she gets on her feet. They asked for the deposit back. I told him that a lease was signed for one year and that it was originally requested for 3 years, which I denied. I live out of state and cannot go back down to find another tenent. What are my rights as a landlord. I have asked for specific health information but have not received any as yet. I have a feeling that health reasons is not the issue, but just wanting to back out of the lease. I do not want to be mean or nasty but at the same time, depend on the rent for some of the mortgage payment. Any suggestions or help is appreciated.

Thanks

[N0help4u]

I would start with checking into the health claim because often people will tell bosses, landlords, utilities they can not pay because they were in the hospital and it is nothing but an excuse. You should have included in your contract your terms for breaking the lease.
Often they are responsible for rent until you find someone to replace them.

These sites might help

Breaking a Lease - How Do I Legally Break an Apartment Lease?

LANDLORD ASSOCIATION.ORG - Landlord Tenant Laws for All 50 States Including Statutes and Other Resources - News, Information, Advice, Management Software and Tools for Landlords, Real Estate Investors, Property Owners and Managers.

[Fr_Chuck]

You are under no obligation to allow them to break the lease. And in Florida it is very pro landlord so they don't even require you to try and find another tenant if they do break the lease.

Now on the other issue, if they are retired and only on social security, with no money in the bank, and they do break the lease, there is nothing you can really do, if you sue them, what are you going to get? Most likely nothing.

Now from the moral side, if they are hurt and will be in a rehab center, but then where are they going to put their property?

Now of course when they don't pay July rent, what are you going to do.
This is one of the real issues with having property along way off, you will have to often be there to do things if you have rental. You may consider turning it over to a management company to let them handle the day to day rental of it

[progunr]

I agree with most of what Fr_Chuck has posted here for you.

The one thing I disagree with is in hiring a management company for your long distance rental property.

I know of at least 4 people, who have been raked over the coals by this type of arrangement.

Every month, when they opened the envelope that should have contained the rent check, what they got was a list of supposed "repairs" that had to be done, that "unfortunately" ate up the rental money. Instead of a check, they got a list of expenses.

Being so far away, it was impossible for them to argue that the repairs were not necessary, or that the cost of the repairs was out of line, or to even verify that what they were being charged for, even took place.

If you can't be close to the property, I would recommend selling it.