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morris6 · Jun 30, 2011, 06:48 PM

I have a rental in Florida and the tenants have been on a month to month lease, they paid first and last when they moved in 13 months ago no security deposit besides a pet deposit of $200 for one dog, but later got another dog with not extra deposit added. They paid June 1 rent and 5 days ago they texted and stated they were moving on the 1 of July. And now they are asking for the last months rent back am I obligated to rent it back without proper notice. I also have to replace carpet and flooring in bathroom that was placed 5 days before they moved in, due to the dogs. Thank you for any help that I can get.

Fr_Chuck · Jun 30, 2011, 06:51 PM

What is your rental agreement, normally they will have to give a 30 day notice, so the last month rent would be July 1st to August 1st, which would be the first full month notice

Next I have to ask or wonder why you did not get or ask for a deposit ? That money you will have to bill them for and then sue them for it.

Are you new to renting ? And did not know to expect large damages from most renters ?

morris6 · Jun 30, 2011, 07:07 PM

I thought it was a 15 day notice since it was a month to month lease, but since they didn't even give that am I not obligated to give it back correct. They told us on June 25 that they were moving on July 1 and want the money back, and yes a little new to renting, they were a friend kids and now they are moving back home. Thanks for your help..

Fr_Chuck · Jun 30, 2011, 07:23 PM

I will get off the law for a moment and give some advice, as a person who has rented homes and apartments for 30 plus years.

1. don't rent to family
2. don't rent to close friends or their family
* if you do the two above, you will love friends and have family you can't visit.
3. Expect the worst, expect to walk into the house with holes in the walls, the carpet all ruin, even the air unit gone. I have many steal the fridge and stove when they move.
4. get first and last month and a security deposit. And make the rental, even month to month in writing.
A lease is better.
5. Florida is one of the best states to be the landlord, many of its laws are very poor landlord.
5a. Make it clear in writing, what the rent is, what the deposit is, if you allow one dog, spell it out and spell out penalty if they break it, either more deposit per dog,
Normally pet deposits are not refundable, but it has to be said and in writing on written rentals.
6. If you allow pets, expect some people not to rent from you, and/or expect them to require you to professionally clear the apartment before they move in.
7. Be specific in yard up keep, trash, non running or non licensed cars and so on.

If you are going to operate a charity, expect it to be that.

Don't rely on the rental income to make the house payment, have enough money to pay any of the payments for several months, since many renters know that by the time you give notice, get a court date and so on, they can often get a month or two months free rent from you often.

Have enough money saved to do emergency repair, if the air unit or hot water heater, or major sewer clog happens, right now ( they call as you read this) do you have the funds to pay for that repair that you must do now.

morris6 · Jun 30, 2011, 07:48 PM

I understand, I just changed my ad that I had listed to add security deposit, and yes we do have the money to do the repairs and money saved up, the mortgage is $250 mth and we rent it for $600 mth. The people are already moving out today, now by law do I have to return the last mth rent since they did not give notice.