Ask Experts Questions for FREE Help !
Ask
    kdwork's Avatar
    kdwork Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 10, 2009, 10:10 AM
    Tenant abandonement
    Florida tenant decided to walk -simply moved out mid lease. Am I entitled to his total security deposit for breach of lease? If so what is the cite?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
    		  
    #2

    Mar 10, 2009, 10:37 AM

    1) When did the tenant's lease end?
    2) When did you become aware that they had vacated?
    3) When was the last time you received rent from that tenant?

    Check your state laws. A lot of states say that you have to make reasonable attempts to find a new tenant and if you can't, then the tenant is liable to pay rent for the remainder of the lease. I think someone else mentioned something once about Florida not having that law, but I could be mistaken.

    Also, a lot of states require that with a certain number of days, a landlord needs to either a)return the deposit in full or b)send an itemized deduction sheet showing why the deposit wasn't returned in full.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
    Vision Expert
    		  
    #3

    Mar 10, 2009, 10:39 AM

    Does your lease not dictate what the break lease fee is? If not, it should. Breaking a lease is sometimes necessary. Whether done properly or not (which this was not), there needs to be a clause in the lease about breaking the lease.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #4

    Mar 10, 2009, 10:46 AM
    Your options are listed in Florida Statute Title VI, Chapter 83, Section 83.595. You can read it at Statutes & Constitution :View Statutes :->2008->Ch0083->Section 595 : flsenate.gov
    kdwork's Avatar
    kdwork Posts: 2, Reputation: 1
    New Member
    		  
    #5

    Mar 10, 2009, 10:57 AM
    Tenant abandonement
    Lease is silent about lease termination damages. Lease refers to Part II, Chapter 83. I now know I should have appropriate phrase in lease and will do so. I know my rights/obligation regarding leasing of remainder of term. I also know I will have to proceed w/damage suit. My very narrow question regards forfeiture of total security deposit for breach of lease. Thank you for your quick responses.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #6

    Mar 10, 2009, 11:16 AM

    Where do you live? Security deposits are not normally something you can keep in lieu of rent.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #7

    Mar 10, 2009, 11:50 AM
    Threads merged.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #8

    Mar 10, 2009, 11:54 AM

    The answer is you can keep the security deposit as reimbursement for unpaid rental and damages.

    You do NOT have to inlcude alease termination clause if you don't want to. That just means the tenant can't terminate unless for cause.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Child Abandonement [ 6 Answers ]

My husband at the time has custody of my child and I am currently paying child support 1. he is the biological father to my child 2.he has custody of my child 3.he dropped my child of at my mothers home 3 months ago 4.He has not called nor in any way contacted the child since 5.He has taken...

If husband leaves is it abandonement? [ 7 Answers ]

After being evicted from our home my husband has moved himself in to a new home. I have no place to go and no way to pay for something so expensive. I do work, make about $1200.00 a month after car payment and insurance I have about $800.00 left. I cannot get my hands on enough cash for deposits,...

Child abandonement [ 3 Answers ]

My ex and I divorced when my daughter was 2 due to his drug use and sexual relations with a 16 year old girl when he was 38. The courts made me the primary legal caregiver but awarded joint custody. He would see her sporadically - about 6 times in one year and then he moved away when she was...

View more questions Search