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  1. #1
    Join Date
    Oct 2014
    Posts
    3

    Default Can the Landlord Keep the Security Deposit for a Broken Lease

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

    Tenants signed a 1-year lease. Four months into the lease, I called about the late rent to learn they intend to leave. Can I keep the security deposit for breaking the lease?

    Thanks for your help.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can the Landlord Keep the Security Deposit for a Broken Lease

    Frankly, if you have to ask that question you have no business being a landlord.

    Study the Florida landlord tenant statute (something you should have done already):

    http://www.leg.state.fl.us/Statutes/...entsIndex.html

    If that doesn't answer your question, I suggest you hire an attorney to properly educate you on a landlord's rights and obligations.

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

    Default Re: Can the Landlord Keep the Security Deposit for a Broken Lease

    You have to decide which approach you are taking to the breach of your lease -- whether you are going to, for example, negotiate with them for a buy-out, let the apartment sit empty for the duration of the lease and to try to collect rent, exercise an early termination provision in your lease (assuming one exists and was accepted by your tenant), or retake possession and seek a replacement tenant at the earliest possible date even if it means that you might end up having to return part of the security deposit. See Florida Statutes, Sec. 83.595.

  4. #4
    Join Date
    Oct 2014
    Posts
    3

    Default Re: Can the Landlord Keep the Security Deposit for a Broken Lease

    Thank you, Mr. Knowitall. I appreciate your help. I've never had a tenant leave during the lease - only at the end. My agreement specifically states the security deposit is for the "performance of the agreement." I collect first and last month's rent up front, so technically, I haven't lost anything yet. I'm just unsure if I will be able to take possession when the "new last month" expires, or if I'll also incur expenses going through an eviction process. My concern is how I can be compensated - if at all, for time the tenant could remain in the unit past what is now their last month - lost rental time, and any potential damages?

    - - - Updated - - -

    Thank you, adjusterjack. I appreciate your help.

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