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  1. #1
    Join Date
    Aug 2011
    Location
    Florida
    Posts
    1

    Default Early Termination by Tenant

    My question involves landlord-tenant law in the State of: Florida
    My tenant notified me after only 6 weeks in the rented unit (38 days in advance of when she intends to leave) that she will be vacating the unit rented on an annual lease 9 months early. I hold a security deposit, less than 1 month's rent amount, and a payment that was made on the schedule for payment of the last month rent. I understand I need to notify her by certified mail within 15 days after she vacates the property of intent to hold the security deposit and last month rent payment.

    Can the security deposit be used to offset expenses to re-rent and the loss of rent due under her lease agreement until such time I re-let the unit?

    What expenses can reasonably be charged as expenses and damages due to her earlyl termination? Can I "charge" for my time if I perform tasks to re-let (eg. rekeying locks, cleaning, posting rental ads, phone conversations with perspective tenants, showing to prospective tenants, etc), mileage driven while performing these tasks, etc.
    I intend to keep detailed records and, where appropriate, receipts to document efforts to re-let as well as expenses.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Early Termination by Tenant

    The security deposit can be held to offset the lost rent, yes.

    But...

    Can I "charge" for my time if I perform tasks to re-let (eg. rekeying locks, cleaning, posting rental ads, phone conversations with perspective tenants, showing to prospective tenants, etc), mileage driven while performing these tasks, etc.
    Nope. That's the cost of doing business, and you'd incur those expenses even without an early lease termination.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Early Termination by Tenant

    Having studied Florida Real Estate.....

    You can only hold the renters deposit in the event of damages - like she put a hole in the door, somehow damaged something beyond normal wear and tear. And you better be able to prove it.

    It would be ILLEGAL of you to withhold the return of the deposit for normal cleaning, painting, carpet replacement. Illegal for charging the former tenant for posting rental ads, telephone time, etc. Again, as Missy pointed out, that is normal cost of doing business.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Early Termination by Tenant

    PS...do yourself a huge favor and invest in the Florida Real Estate training book.

  5. #5
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Early Termination by Tenant

    Quote Quoting LandlordinFlorida
    View Post
    My question involves landlord-tenant law in the State of: Florida
    My tenant notified me after only 6 weeks in the rented unit (38 days in advance of when she intends to leave) that she will be vacating the unit rented on an annual lease 9 months early. I hold a security deposit, less than 1 month's rent amount, and a payment that was made on the schedule for payment of the last month rent. I understand I need to notify her by certified mail within 15 days after she vacates the property of intent to hold the security deposit and last month rent payment.

    Can the security deposit be used to offset expenses to re-rent and the loss of rent due under her lease agreement until such time I re-let the unit?

    What expenses can reasonably be charged as expenses and damages due to her earlyl termination? Can I "charge" for my time if I perform tasks to re-let (eg. rekeying locks, cleaning, posting rental ads, phone conversations with perspective tenants, showing to prospective tenants, etc), mileage driven while performing these tasks, etc.
    I intend to keep detailed records and, where appropriate, receipts to document efforts to re-let as well as expenses.
    I am a NY State LL, but I have followed discussions here on this and other boards.

    First, here in my state, if a tenant bails out early, I have an obligation to mitigate damages, and re-rent. However, it was mentioned that FL does not have as similar requirement, and you can hold the tenant responsible to the end of the lease. That being said, that would normally not be practical since the tenant won't be able to pay your rent PLUS where he moved to.

    However, what I done in my leases is I include an "early termination" penalty in the initial lease, not applicable in renewals where there is an early termination penalty equally 1-1/2 months rent the first 6 months, and 1 months rent subsequently till the 12 month. It does not violate state law in NY, and I don't have to argue with the tenants that I'm burdened with additional cleaning costs, painting, placing ads etc., and giving him an itemized bill.

    I spend 15 minutes with every new tenant going through the lease, and when I get to the "early termination penalty" part, I tell them to think through carefully if they can't stay for the full 12 months, and since my next set of tenants expect clean painted rooms, clean carpeting etc. And just because something came up, a family emergency, job relocation, don't expect the next tenant to move into a "not cleaned" apartment, or for me to pay for ads that I won't expect to pay for 12 months from now or more.

    Just to note that I worked for a major company that re-locates employees frequently, and the company policy was they will cover lease cancellation penalties if it is stated in the lease, and they won't pay if it's not in there. In other words, they don't want to hear about the landlord's woes in cleaning, loss rent, charges for ads in the paper etc., but a penalty, YES. And because lease cancellation penalties are pretty standard business practice, I doubt there is any regulation saying it does not apply to residential rental leases.

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