[ullabar]

Hi:
I have a property leased. The tenant has given me 60 days notice that she plans to leave the prmesis. There is no provision in the lease for early cancellation. There are still 4 months left on the one year lease. She believes that all she has to do, is give 60 days notice, and will be excused from completeing the lease.
What steps do I need to take to enforce the lease agreement? I assume it involves hiring an attorney, but will this even be worth it, since there are only 4 months left to collect (at $2100 per month)? Am I going to end up paying more on attorneys fees than what is due to me?
The property is located in Miami, Florida.
Thanks so much!

[excon]

I assume it involves hiring an attorney, but will this even be worth it, since there are only 4 months left to collect (at $2100 per month)?

Hello ullabar:

Do you have any properties up here that I can rent? I love a landlord who lays down. Let's see, $2,100 times 4 is $8,400. Wow, dude. I don't have $8,400 to give away. You do? So, if I save it for you, will you send me half?? Nahhh, never mind. I do this for free.

I don't think you need an attorney. Write her a letter explaining the terms of the lease, and tell her that you're going to hold her to those terms. That's all. Let us know what happens next.

[Fr_Chuck]

Heck excon, I wish I had property that rented for 2100 a month, most of mine rent at 250 a month and I take them to court over one month left in the lease.

First I am not sure I fully understand, they have 4 months left and gave a 60 day notice, so they are only going to owe you 2 months when they move out ?

Or are they giving a 60 days notice and will still owe 4 months after they move out.

You can offer them a settlement if you would like, you can hold them responsible for paying the rent for 4 months or until you rent the house out.

Or heck with a 60 day notice you can try and arrange to rent it out, and have someone ready to move in when they move out and not really be out any money. ( of if you are, hold them responsible)

As a landlord I often go with where my heart is on a matter, where they nice renters, did they pay on time, is there reason for moving a good one or not. Can I rent the home out, how long will it be empty. And so on.

But a learning lesson, next time if you want them to be able to break it, put in terms for allowing it. If not they are suppose to honor the full term of the lease. ** that is why we do leases not month to month rentals.

[ScottGem]

As has been pointed out the lease is a contract. The lease was for a specific term. The leasee is responsible for completing that term unless there is a buyout or ealry termination clause.

However, it is incumbant upon you to make a good faith effort to rent to a new tenant. The current tenant has given you 60 days to do so.

I would send her a letter stating that the lease does not expire until x date and that there is no provision for early termination. However, you will attempt to rent the property starting when they move out. If no suitable tenant is found, they will be responsible for the balance of the lease.

You can then withhold their deposit and apply it towards unpaid rent. You will then have to sue them for the balance.

[Cvillecpm]

Yes - you need to "put her on notice" that her lease has 4 months, that there is no provision for her providing a 60 day notice and that you will hold her to the terms of her lease through the expiration... terms include yard maintenance, utilities, etc - NOT JUST THE RENT.