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sg1low · Mar 29, 2008, 02:08 PM

In Florida are you entitled to the entire time of remaining lease or just some of it, and my other question is would the person who broke the lease be liable for the court costs? Is it a very expensive venture to take them to court for this? If they broke the entire lease I would guess that it may be more worth while?
Thanks for all your help!

N0help4u · Mar 29, 2008, 02:39 PM

Are you the landlord? IS it a year to year lease?
You are not entitled to ALL the remaining months.
You are to use reasonable effort to find a replacement tenant and only charge for the months that the place was not rented.
Also just because you win in court doesn't mean they will pay up.
I think the Judge rules against them being responsible for court cost or your time lost to going to court.
If you lose work over it I think you can recover for that.

LisaB4657 · Mar 29, 2008, 02:53 PM

Originally Posted by N0help4u

You are not entitled to ALL the remaining months.
You are to use reasonable effort to find a replacement tenant and only charge for the months that the place was not rented.

Nope. In Florida the landlord is not required to try and re-rent when the tenant has broken the lease.

N0help4u · Mar 29, 2008, 02:58 PM

I thought that was one of the states I had read that they have to try and re-rent.
Even so if that doesn't mean the tenant will pay up.

LisaB4657 · Mar 29, 2008, 03:06 PM

Originally Posted by N0help4u

I thought that was one of the states I had read that they have to try and re-rent.

Nope. Statutes & Constitution :View Statutes :->2007->Ch0083->Section 595 : Online Sunshine

Even so if that doesn't mean the tenant will pay up.

Very true. Getting a judgment and collecting on that judgment are two very different things.

sg1low · Mar 30, 2008, 07:23 AM

I am the landlord and the lease was a 1 year lease. With the housing market the way it is, I may not rent it right away. Do I need to take an attorney and take her to civil court. (I understand she may not pay, but doesn't this affect her credit) ?
Am I in my rights to keep her deposit if she just says she changed her mind? I lost 200$ on an ad that I had cancelled.
Is it expensive to try and retrieve $ lost from the empty apt. (anyone know) thanks you guys!

N0help4u · Mar 30, 2008, 07:29 AM

Yes it would affect her credit. Many renters do not have good credit anyway and do not care anyway but yes you can get an attorney and take her to court.
I am not sure with the deposit since that is really meant for any damage done to the apartment. I think I would hold on to it until everything is said and done in court though.

This site might be helpful to you too.

Welcome to LANDLORD ASSOCIATION.ORG - News, Information, Advice, Management Tools for Landlords, Real Estate Investors, Property Owners and Apartment Managers.

sg1low · Mar 30, 2008, 07:44 AM

Thanks so much! I only have my one luxury TH as an investment. The girl seems like she has good credit and a great job, so I would think it may mean something to her.
I will check out the link you mentioned. I will hold onto the deposit. I have held the apt for her for over a week now and she still hasn't decided. :-(

N0help4u · Mar 30, 2008, 07:57 AM

Good job and good credit. I would say that she is more likely to care about her credit.

SO you are saying she hasn't even moved in? She hasn't 'decided'?

Correct me on this:
Is she younger and possibly first apartment?
She signed the lease and now
Is her reason for 'thinking' about not going through with it more like
A. she wants to keep her options open because she might find something she likes better
0R
B. she has a problem that may prevent her from being able to take the place.

What I am thinking is if she is young and never rented before she may not realize the full
Implications of not going through with the lease and thinks she can just back out with little repercussions. Have you mentioned to her about how is she planning on paying you for a place she broke a lease on? If she realizes she is still responsible that just might be the
Decision maker for her.

sg1low · Mar 30, 2008, 08:19 AM

I agree good credit is very important! She is 35 YO (not that young for sure) and she has been looking for an apt since she is getting divorced. She and her soon to be "X" want to sell their home.(the husband was going to live there till it sells w/other 22 YO)
When she initially gave me the deposit last week, she was estatic that I was renting this great TH for a decent price. Other one BR rent for at least 100$ or more.
I held her deposit and then she came over Friday filled out the lease and gave me full deposit and right before she walked out she mentioned she needed the weekend to make sure this is what she wanted to do!! (OMG) Why did she fill out the lease then. I deposited her deposit right away in a separate account from my personal.
That I am sure is in my right. I will hold it if she changes her mind. (do I need to notify her of this in writing?)
Her reasoning is her husband and her might try to both live in the house and spilt expenses with other people possibly! (even though they are divorcing)

N0help4u · Mar 30, 2008, 08:23 AM

She may still not realize that she is liable for the lease. Her husband may have always dealt with the finances and so forth.
Sounds like she is going with her emotions and not being realistic. If she has any sense she should soon realize that staying there with her ex is far from ideal.