Posted on 03/31/2019 1:59:14 PM PDT by George from New England
Best to check local and state law where you live.
That is not a real court
That is arbitration set in a court studio.
Judge Judy is a arbitrator
Bad advice
Consult an attorney
Tenants have rights, sometimes even more rights then the landlord, so be careful, withholding security deposits outside the law or the 4 corners of the lease can cause landlords to pay out 3C to even 5X what was with held.
Read the lease and consult an attorney that is local to where the property is located.
If you don’t know, maybe you shouldn’t be a landlord until you do?
Nothing worse for good tenants than bad landlords.
Best to check local and state law where you live.
WRONG
Where the property in question is located.
If he lives in Massachusetts and his property is in Florida, Massachusetts laws are going to be useless.
4. SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall deposit the sum of $ 995.00 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Should charges be made against the Security Deposit during the term of this Lease because of breakage or other damages to the Unit, Tenant agrees, after notice, to deposit such additional amounts as may be required to restore the Security Deposit to the original amount. When the Unit is vacated and Tenant has turned in all keys for the Unit and after inspection by Landlord, the Security Deposit shall be refunded to Tenant, less any Rent, other amounts due under this Lease or any reasonable charges for cleaning and damages to the Unit (beyond reasonable wear and tear), PROVIDED Tenant VACATES THE UNIT ON OR BEFORE THE EXPIRATION OF THIS LEASE AND PROVIDED FURTHER THAT Tenant HAS FULFILLED ALL OF THE PROVISIONS OF THIS LEASE, INCLUDING THE COVENANT TO OCCUPY THE UNIT AND PAY RENT FOR THE FULL TERM OF THIS LEASE. Notwithstanding any other provision in this Lease, Tenant may not withhold payment of any portion of the last month’s Rent on grounds that the Security Deposit is security for unpaid Rent. Security deposit payment made on ________________________.
In compliance with Florida Code § 83.49:
Landlord shall deposit the security deposit in a non-interest bearing escrow account at the following depository
****
Tenant shall note the following disclosure:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
True
But not everyone knows everything, especially when dealing with the law and bureaucratic governments and courts.
Best thing to do is consult an attorney in the area that the property is located. Follow the law, do what your attorney advises you to do.
That is the best advice.
The grey area is that this wording doesnt talk about turn-over costs, or commissions.
I am fixing that in Version Two.
Well, looks like you found it
Do what the law says
In CA. tenants are responsible for paying out the lease, if the landlord finds another tenant previous tenant is usually off the hook!! IF the tenant just leaves without paying out the lease you may HOLD all funds paid to you at move in that includes security deposit!!! Security deposit is NOT just a cleaning deposit, it is a security deposit which is also for securing your rent!!!
1) What does state law say - landlord-tenant law can get very state (and sometimes local) specific.
2) What does the contract say? If properly drafted, it should address the issue (and does it comport with state law).
Remember there are lots of socialist training grounds (aka Universities) that have law school clinics with hordes of upper level law students to turn loose on hapless landlords.
You really need to take the lease agreement to a Florida lawyer and pay him for an hour or so of his time to read and advise.
Check with your state association for landlords....they will have good information and best rental contracts you cover every eventually.
I used to work for a rental co. I can tell you the law in California, your state may be different. First it’s illegal to collect a last month rent here though many individual owners do. You can charge a deposit but it’s supposed I be kept intact in a separate account until they move out. It’s illegal to mingle it with your own money.
As for your question, unless otherwise specified in the lease they owe the full amount of the rent for the life of the lease. If they don’t pay on time and get evicted or just move out they still owe it. You could take them to court, but good luck trying to collect if you win.
All I know about landlord/tenant law, I learned by watching Judge Judy. She would tell you the lease breaker is entitled to nothing. And your cost of using a leasing agent must come from your own pocket.
This was notice a week ago ...
“You notified us by email on February 13th, 2019 of your intent to leave and not complete the lease terms. Due to your hardship we applied the last month rent you already paid to the February 15th to March 14th month. We didn’t have to do that, but we did save you $995 at that time. That said that gave you until March 14, 2019 to move-out. That amount according to the lease was payment made last year for August to September 2019 rent.
You will receive an email, and a resolve to the security deposit no later than April 13th, 2019.
The lease allows a landlord 30 days to address and assess this matter.”
This is intended final notice ...
“Under the lease we agreed to, both the last month rent and security deposit are forfeit when you break the lease. Since I sympathize
with your situation, I have worked with you and applied the last month to February, but our turn-over costs do exceed and consume your security deposit. Therefore I have no amount to send you from this contract.
Pay to speak to an attorney. Unless a fellow FReeper is an attorney in your state, county, and municipality, they cannot attest to the legality of the matter at hand. A few hundred dollars up front versus several thousand on the back end is a small price to pay for getting this right the FIRST time.
I was once landlord to 100s
You can take what they posted
Like the deposit
You can sue for the balance of the lease but that’s iffy
You can also sue for repairs and the cost to re-rent
Easiest is take the deposit and get re rented as quick as possible
You have more leverage over expensive high demand properties
After you’ve checked state and local law, see an attorney who understands them better than you do. After you see the attorney, it all depends on what the judge had for breakfast, which is usually a meager portion of grilled landlord.
The best advice I can offer you, and I present it emphatically: don’t have residential tenants, ever.
ps: Google “tenant horror stories.” Read about the things they can do.
Mea culpa.
First rule is “go by the written.” The rental contract should spell out what happens when a lease is broken or under which terms the apartment/house can be sublet. If these possibilities were not spelled out either very carefully read Fl Statute on landlord/tenant laws as well as any local ordinances or consult and attorney who specializes in that field.
If the property is left in good condition without a need for major clean up or repairs the security deposit needs to be returned. I’m pretty sure Fl law is clear on this.
Basically as far as breaking the lease they promised you a certain amount of income for x number of months. Will you have trouble finding other renters? Umm not likely. It is season in Florida in just a few days. Desirable tenants might be another matter. So it may just boil down to whether you want to pfft that planned income or not. Provided of course you do everything you are legally obligated to do.
Bad advice very quickly turns into very expensive advice.
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