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New Member
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Mar 10, 2009, 10:10 AM
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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?
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Ultra Member
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Mar 10, 2009, 10:37 AM
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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.
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Vision Expert
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Mar 10, 2009, 10:39 AM
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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.
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New Member
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Mar 10, 2009, 10:57 AM
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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.
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Home Repair & Remodeling Expert
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Mar 10, 2009, 11:16 AM
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Where do you live? Security deposits are not normally something you can keep in lieu of rent.
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Expert
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Mar 10, 2009, 11:50 AM
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Threads merged.
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Computer Expert and Renaissance Man
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Mar 10, 2009, 11:54 AM
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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.
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