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  1. #1
    Join Date
    Oct 2014
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    Default Can a Security Deposit Be Used for Costs to the Landlord, Aside from Damages

    My question involves an eviction in the state of: Florida

    In 7 years of renting, 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. However, my tenant just informed me they are not paying rent for the current month, and are leaving at the end of the month - before the end of the lease. Technically, I haven't lost anything yet, but I suspect that I may not be able to take possession of the unit when the "new last month" expires, or if I'll also incur expenses going through an eviction process. Can be compensated using the security deposit for time the tenant could remain in the unit past what is now their last month (costs associated with an eviction process, lost rental time, potential damages, etc.)?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Can a Security Deposit Be Used for Costs to the Landlord, Aside from Damages

    The security deposit is not rent. If they don't pay the rent on the due date you immediately give them a "pay or quit" notice (7 days per Florida statute 83.56).

    If they don't pay by expiration of the 7 days you file for eviction in court and get the court notice served as quickly as possible, making it clear to the tenants that you'll follow through with eviction and penalties even though they are leaving at the end of the month.

    Tenants will walk all over you unless you jump on them with both feet.

    And, yes, you can apply the deposit to any costs incurred as a result of the tenant's breach of the lease.

    Now study the Florida landlord tenant statute for your rights and obligations:

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

    By the way, it doesn't matter what your lease says about the security deposit. You are bound by the statutory requirements (which you apparently don't know and may have already screwed up) so better pay close attention to 83.49 and revise your lease to conform to the statute.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can a Security Deposit Be Used for Costs to the Landlord, Aside from Damages

    A Florida landlord's options following a tenant's premature departure from leased premises are listed in this thread.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can a Security Deposit Be Used for Costs to the Landlord, Aside from Damages

    Quote Quoting Brian.inpc
    View Post
    My question involves an eviction in the state of: Florida

    In 7 years of renting, 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. However, my tenant just informed me they are not paying rent for the current month, and are leaving at the end of the month - before the end of the lease. Technically, I haven't lost anything yet, but I suspect that I may not be able to take possession of the unit when the "new last month" expires, or if I'll also incur expenses going through an eviction process. Can be compensated using the security deposit for time the tenant could remain in the unit past what is now their last month (costs associated with an eviction process, lost rental time, potential damages, etc.)?
    You do not have to evict him if he leaves before the expiration of the lease. You can access the unit as soon as he turns over the keys. You can keep the security deposit for any valid damages to the unit. You do have a duty to mitigate your damages by re-leasing the unit as soon as you reasonably can.

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