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    josemartins's Avatar
    josemartins Posts: 2, Reputation: 1
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    #1

    Oct 20, 2008, 06:01 AM
    Tenant broked a term lease. Should I return the security deposit?
    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    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's Avatar
    josemartins Posts: 2, Reputation: 1
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    #3

    Oct 20, 2008, 08:49 AM

    Lisa,

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

    Thanks.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Oct 20, 2008, 09:02 AM
    Quote Originally Posted by josemartins View Post
    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.

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