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bootkicker · Oct 13, 2008, 07:46 AM

I am the property owner with a one year lease agreement with the tenant in the stat of Florida and the tenant moved out before the lease was up how to I get my rent.

tickle · Oct 13, 2008, 08:32 AM

Unless you can find them, you obviously don't have a forwarding address and they skipped out, I guess you are out of luck for the rent. You will have to recoup by renting it again immediately. This probably happening on a very wide scale nowadays as the money crunch continues. I guess lease agreements don't mean much to people nowadays.

08_777444 · Oct 13, 2008, 08:47 AM

You sue them for the rent.

However, you do have an obligation to try and re-rent the premises as quickly as possible to show the court that you did try and mitigate the damages.

Did they give you a forwarding address when they moved out where you could send them their security deposit? In our state if they did not give you a forwarding address within 4 days of moving, then legally you are allowed to keep the security deposit.

Did you send them a list of itemized damages within 21 days after they moved out? (some states give 45 days). I hope you have done that.

If you have their new address you can have them served at that address. However if you do not have the new address, you could send the papers to their last known address which would most likely be at the rental property. Chances are they filed for a change of address with the post office. In our state the post office will give out the new address for legal reasons, but I am not sure if the request for the new address must be made by an attorney or via subpoena... I'm not really sure about that.

After you file the papers with the court they will give a court date. If the previous tenants do don't appear at the hearing you will win and then you can take the proper legal avenues to collect the rent for the amount of time that the premises were vacant.

ScottGem · Oct 13, 2008, 08:51 AM

How long before you found out they moved? Does their security deposit cover the unpaid rental. When they moved in, did you get references you can contact to see where they are now?

Bottomline is, after applying the security deposit to unpaid rental and damages, the only way to recover is to sue them. You will win the suit, but then you have to collect, which may be difficult.

You are under no obligation to re-rent the property and can sue them for the balance of the lease. But that's taking a risk.

08_777444 · Oct 13, 2008, 09:24 AM

When I say obligated I mean he can't just sit back and do nothing figuring the court will award him the remainder of the lease. He has an obligation to himself, if to no one else, to re-rent asap. The property could sit vacant for the remainder of the lease and there is the possibility that even if he wins, he will not be able to collect. So yeah, it is risky to say the least. If the landlord is unable to re-rent asap, that is a different story. But the landlord should at the least be prepared to prove in court that he tried.

So if you can prove to the judge that you tried to mitigate the damages by re-renting, they will most likely look more favorably to your case and award you the full amount.

ScottGem · Oct 13, 2008, 10:23 AM

Originally Posted by 08_777444

When I say obligated I mean he can't just sit back and do nothing figuring the court will award him the remainder of the lease. He has an obligation to himself, if to no one else, to re-rent asap. The property could sit vacant for the remainder of the lease and there is the possibility that even if he wins, he will not be able to collect. So yeah, it is risky to say the least. If the landlord is unable to re-rent asap, that is a different story. But the landlord should at the least be prepared to prove in court that he tried.

So if you can prove to the judge that you tried to mitigate the damages by re-renting, they will most likely look more favorably to your case and award you the full amount.

I'm sorry I didn't make myself clearer. You are absolutely correct in every state but Florida, where the OP's property is. Florida has some of the most landlord friendly laws. One of those laws is that a landlord is NOT required to make any effort to re-rent a property while a lease is in effect.

The risk to the landlord if they let the property remain vacant is that he will likely have problems collecting from a deadbeat tenant.

08_777444 · Oct 13, 2008, 10:41 AM

Originally Posted by ScottGem

I'm sorry I didn't make myself clearer. You are absolutely correct in every state but Florida, where the OP's property is. Florida has some of the most landlord friendly laws. One of those laws is that a landlord is NOT required to make any effort to re-rent a property while a lease is in effect.

The risk to the landlord if they let the property remain vacant is that he will likely have problems collecting from a deadbeat tenant.

Well gosh SG, thank you for clarifying that. I guess if I wanted to buy some property and rent it out Florida is the place to go? I had no idea they were the only exception to the rule. But like I said, he's the one who is going to be out if he doesn't do something soon. I'm sure he has a mortgage.

It doesn't surprise me though. My brother lived and died in Florida and after his death I found out some of the strangest things when it comes to Florida law. I should have figured as much.

Okay, I'm going to go bury myself under a rug or something now.