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Old 08-25-2012, 07:54 PM
 
503 posts, read 772,436 times
Reputation: 863

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This may help:
From 800helpfla.com -

A tenant who pays monies in advance but then decides not to occupy the unit MAY NOT be entitled to a refund. It should be stated in the rental agreement if monies paid in advance are non-refundable.
Before you sign, make sure you thoroughly understand the terms of the agreement. If you DON'T understand, DON'T sign the agreement. There is no grace period allowed for canceling a rental agreement, so if you sign, you are bound to its terms.

and...
Section 83.595, F.S.

Upon breach or early termination of the rental agreement by the tenant, the landlord’s potential remedies may include:
  • Terminating the rental agreement, retaking possession of the dwelling unit, and terminating any further liability of the tenant.
  • Retaking possession of the dwelling unit, holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from reletting the dwelling unit.
  • Stand by and do nothing, holding the lessee liable for the rent as it comes due.
But the person you are dealing with may be understanding. Send them a certified letter. Good luck to ya!
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Old 08-25-2012, 08:08 PM
 
136 posts, read 305,141 times
Reputation: 200
I think there is a fairly new law in FL that only requires the tenant to pay a maximum of two months rent upon breaking a lease.
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Old 08-25-2012, 08:10 PM
 
136 posts, read 305,141 times
Reputation: 200
I was in a similar situation and prior to this new law landlords could seek payment for the rest of the rent term and didn't even have to try to rent it out to someone else.
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Old 08-25-2012, 08:55 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Quote:
Originally Posted by vinivedivichi View Post
I was in a similar situation and prior to this new law landlords could seek payment for the rest of the rent term and didn't even have to try to rent it out to someone else.
Not true....!

Realtor leases have this option in it and it will avoid further procedures in small claims court.

All other leases that don't have this clause can still go after a tenant for the full length of the lease BUT the LL has to advertise and can't sit back and just collect.
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Old 08-26-2012, 01:19 AM
 
1,106 posts, read 2,283,237 times
Reputation: 962
Quote:
Originally Posted by vinivedivichi View Post
I think there is a fairly new law in FL that only requires the tenant to pay a maximum of two months rent upon breaking a lease.
Source, please.
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Old 08-26-2012, 08:00 AM
 
Location: The Northeast - hoping one day the Northwest!
1,107 posts, read 1,452,341 times
Reputation: 1012
I have lived in two different apartment complexes in Tampa. The first one I lived in there was no breaking the lease. However, the apartment complex I live in now, we can break the lease. However, we would have to pay the next months rent plus 1/2 of the following. (So, for me - roughly 1200 to break the lease)

This was all in the lease agreement. I would recommend just reading your lease and what it says about breaking the lease.
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Old 08-26-2012, 12:22 PM
 
Location: Native of Any Beach/FL
35,699 posts, read 21,054,375 times
Reputation: 14246
A landlord has the discretion to collect various deposits, as well as some rent in advance. These advance payments generally vary in range. You should be careful about giving any monies in advance unless a decision has been made to move into the unit. A tenant who pays monies in advance but then decides not to occupy the unit MAY NOT be entitled to a refund. It should be stated in the rental agreement if monies paid in advance are non-refundable.
Before you sign, make sure you thoroughly understand the terms of the agreement. If you DON'T understand, DON'T sign the agreement. There is no grace period allowed for canceling a rental agreement, so if you sign, you are bound to its terms. read your agreement this is the last I saw on::- FL Div. of Consumer Services http://www.800helpfla.com/index.html?mobile=false
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Old 08-26-2012, 12:36 PM
 
Location: Tampa, FL
3,237 posts, read 6,320,473 times
Reputation: 1492
^ yea, it's called a contract. Look into it.
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Old 08-27-2012, 11:50 AM
 
Location: Native of Any Beach/FL
35,699 posts, read 21,054,375 times
Reputation: 14246
well what it does state- is:: it MUST be stated in the contract NON refundable... so what does it say?
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Old 08-27-2012, 04:49 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
We let a tenant sign a paper stating the security deposit is NON-refundable until they are moving in at that point it becomes Refundable....basically it is stating it is holding money unless they really move in.
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