Breaking a Rental Lease- Help!

[cfbs2691]

Originally Posted by anne marie bode

I am new at being a landlord.. I have a tenant in Ft. Pierce who signed a 2 year lease; he and wife initialed next to the handwritten add-on to the lease that stated this is a 2 year binding lease showing start/end dates; also signed the lease and initialed every page... he's 6 months into the lease and told me yesterday he is moving and wants his security deposit back. I told him he has a 2 year commitment to the lease, he said Fla law lets him out no matter what... Anyone have a suggestion as to how I should proceed?

He is not entitled to break his lease "no matter what".

If they do move out, get their new address.
If they don't provide it, legally you need to send the letter explaining why you're withholding their security deposit to their last known address.

Everyone thinks being a landlord just means collecting rent.
Unfortunately, there is so much more to it.

Best of luck!

[anne marie bode]

I've called 4 lawyers.. 1 asked to see a copy of the lease, I emailed it to him; he has not returned any of my phone calls! The other 3 I've left messages for and still no return call. I am trying to re-rent the unit via a broker... I know being a landlord is much more than collecting rent.. and I'm ok with that... just I'm not ok with people who don't honor their obligations..

Does anyone know a reliable attorney that they can refer to me? send me telephone number and I'll give it another whirl..... thanks!

[FlaLadyB]

Originally Posted by FlaLadyB

Section 83.49(a), F.S.

Upon vacating of the premises for termination of the lease:

• If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or,
• Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address.
• If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit.

You post is dated June 13th - IF you have not sent the required letter stating that you are witholding their security and any other money you have IN THE APPROPIATE TIME FAME --- an attorney won't make ANY difference.

Here.. please read up on your Landlord Tenant LAW

Florida Landlord/Tenant Law Division of Consumer Services, DOACS

[pslhomie]

FlLadyB is unfortunately correct. I don't know if they can just up and leave though. I would just file a small claims court case against them and take my chances. Who knows if they move out of the area they might just settle or decide not to persue coming back to the area for court dates. Either way I think this might be your best bet.

A few years back in Miami criminals were car jacking European tourists without fear of prosecution because they knew the victim would not return to witness against them. Now they do video calls to get around this but I doubt small claims court would do the same.

[runswithscissors]

You can legally terminate a lease early depending on the rental agreement. I would not sign a lease in Florida without the liquidated damages clause.

Statutes & Constitution :View Statutes : Online Sunshine