[lulego]

Hi! I would like to know which rights do landlords have in case of early termination of a lease contract by tenant, according to Florida State Law? Do I have to return the security deposit? Tenant is leaving my house 5 months before the date of termination of the lease contract and wants his security deposit back. He hasn't paid this month. How do Florida's Rental Law protects me in this case in my condition of Landlord? Our realtor seems to be agree with tenant?

[Ren6]

Do you have a written lease? I'd refer back to that to see what the agreement is. Usually, the tenant has to make a good faith effort to find another renter for the apartment, as do you. I would think if you get another renter, and the former tenant left the apartment in good condition, you would return the security deposit. The terms should be covered in the lease, though... good luck!

[ScottGem]

Does the lease have an early termination clause? If not, have you given permission for the tenant to break the lease?

Florida law does not allow for early termination except for military personnel being redeployed. So, unless you give permission for the tenant to vacate, the tenant is liable for the balance of the lease. Or until you can find a replacement. And Florida law does not require you to try and find a replacement. So you can sit for the remaining term of the lease and then sue the tenant for the balance.

This also means that you can keep the security for unpaid rental. You just have to send hiom a letter informing him that you are doing so.

[lulego]

There is a written lease but I don't have the agreement in my hands until tomorrow. Anyway, I would like to know which specific section or article in the Florida Law protects me as a landlord. Tenant has economic problems and he decided unilaterally to terminate the contract this February when the end of the lease term is on June 30, 2009. What had happened if the landlord (me) decided to terminate the lease earlier? He is not going to find me any other replacement. He is paying me this month with the advanced rent he gave me at the beginning of the lease, but what happen with the rest of the monthly rents until June 30? I didn't give any permission for tenant to vacate earlier. Furthermore, the condo where my house is located doesn't allow more than 1 rent in a year so if he is leaving this year I can't rent my house until next year. It causes me a damage since I can't rent the house until 2010. I need a legal answer based on Florida Real State Law. Please help me. Tenant wants his security deposit back but I think that he owes me more than such deposit. Someone help me.

[ScottGem]

I don't think you need specific cites at this point. I would send the tenant a letter stating the following:

There is no early termination clause in the lease. Therefore you are responsible for the balance of the lease. Especially, since the HOA rules prevent me from fnding a new tenant for a year.

Therefore, if you do not fulfill the terms of the lease, I will be using your security against the rental due and I will pursue legal remedies for the balance of the lease.

That's all you need to tell him. If he sues you for the deposit or you take him to court for the balance that's time enough to find the specific law.

You can find links to state laws at the top of this forum.

[lulego]

Thank you scott.gem, I'll see what I can do in this case. It's complicated when you don't know foreign laws, specially in Florida state regarding lease contracts and penalty clauses like occur in other contries.
Regards,

[ScottGem]

Good luck and keep us posted.