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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In

    My question involves landlord-tenant law in the State of: Florida

    I have a rental house in Florida, and holding a signed rental agreement by a Canadian couple with a $300 deposit reserving the property for them since April 2010. As per our agreement the tenant was going to occupy the premises on Dec.1, 2010. A few days before the due date they emailed me that they can't make it until the 15-th, due to some unexpected circumstances in the family. About a week later, received an other email, stating that they possibly come on Jan.15, 2011 and if I want to advertise my place to re rent it they would understand. Since they were uncertain with their arrival, I hired a Realtor and recently the property was rented for $200 less per month and involved some extra expenses,including a real estate fee of $335. Now they are requesting their $300 deposit back stating that "I broke the lease". Although the lease agreement does not specify any cancellation policy, I have no intention returning their deposit, since they are the ones who did not fulfill the agreement and caused me loss of rent and additional expenses.
    Am I right by not returning their deposit? Please advise.
    Any responses would be greatly appreciated.
    Thank you very much.

  2. #2
    Join Date
    Dec 2010
    Location
    The Law Office of Garry L. Potts 13575 58th Street North, Suite 126, Clearwater, Florida 33760 Telep
    Posts
    28

    Default Re: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In

    This is going to be determined by the terms of the lease and by the Florida Landlord Tenant Act. No one is going to be able to give you good answers without reading the lease. There are strict procedures and timelines for handling security deposits that a landlord must follow before you get to keep the deposit. If you haven't already, you should consult an attorney for a lease review and to advise you on how to proceed

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In

    By "signed rental agreement" you mean they signed a lease committing them to take possession on Dec. 1, for... one year?

  4. #4
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In

    Quote Quoting Mr. Knowitall
    View Post
    By "signed rental agreement" you mean they signed a lease committing them to take possession on Dec. 1, for... one year?
    We have a "signed rental agreement" from Dec 1, 2010 to March 30, 2011, since this was going to be a seasonal rental.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In

    Florida is unusual, in that if a landlord chooses not to re-rent an apartment for the duration of a lease term, the landlord can continue to demand rent from the tenant for that period even if he makes no effort to re-rent. The rights of a landlord in the event of default are defined in the following statute:
    Quote Quoting Florida Statutes, Sec. 83.595. Choice of remedies upon breach or early termination by tenant.
    If the tenant breaches the rental agreement for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:
    (1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant;

    (2) Retake possession of the dwelling unit for the account of the tenant, 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 a reletting. If the landlord retakes possession, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant. For purposes of this subsection, the term “good faith in attempting to relet the premises” means that the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent;

    (3) Stand by and do nothing, holding the lessee liable for the rent as it comes due; or

    (4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form:
    ☐ I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months’ rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

    ☐ I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.
    (a)In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit.

    (b)This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.

  6. #6
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Can a Landlord Keep a Security Deposit if a Tenant Doesn't Move In

    Quote Quoting aaron
    View Post
    Florida is unusual, in that if a landlord chooses not to re-rent an apartment for the duration of a lease term, the landlord can continue to demand rent from the tenant for that period even if he makes no effort to re-rent. The rights of a landlord in the event of default are defined in the following statute:
    Thank you, for this helpful information.
    Esther Mas

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