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  1. #1
    Join Date
    Dec 2013
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    1

    Default Can You Keep Part of a Tenant's Deposit if They Stay Past the End of the Lease

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

    We bought a house on Nov 27th, and rented the property to the original owner for 30 days. A lease agreement was signed, from Nov 27th, ending Dec 26th, and received a security deposit on the amount of one month rental $3500. Two days ago the tenant "informed" us that she will be moving out on the 27th of December and giving back possession on the 28th. We do NOT agree to an extension (the lease agreement clearly states the dates, and the fact that is Not renewable or extendable) and have made it clear to her on writing (email) and to her lawyer. Questions:
    1) How much of the deposit can I withhold? (We already made plans for the house, we have incurred in expenses, we have agreements with contractors, etc. Taking possession later than agreed in contract is costing us money)
    2) How much time do I have in the state of FL to return the deposit?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Keep Part of a Tenant's Deposit if They Stay Past the End of the Lease

    You can retain money for unpaid rent, and you can retain money for damage to the unit. If there is no money or damage, you are expected to refund the money. You need to comply with the requirements of Florida Statutes, Sec. 83.49.

    Your remedies for holding over are outlined by statute,
    Quote Quoting Florida Statutes, Sec. 83.58. Remedies; tenant holding over.
    If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
    Note, that double rent provision only applies when recovery is effected through a court action.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can You Keep Part of a Tenant's Deposit if They Stay Past the End of the Lease

    Quote Quoting esperanza
    View Post
    1) How much of the deposit can I withhold?
    You'd be entitled to two days rent.

    Quote Quoting esperanza
    View Post
    we have incurred in expenses,
    For what?

    The 27th and the 28th aren't even here yet.

    Be careful. While you might have "legal rights" here, I seriously doubt that a judge will be sympathetic if you try to gouge your tenants for the holidays.

    Or do you just practice "good will to all men" on one day of the year?

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