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Thanks in advance. If I left you with ?s, please write herein so I can clarify.
1 posted on 03/31/2019 1:59:14 PM PDT by George from New England
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To: George from New England

The state here is Florida. Sorry.


2 posted on 03/31/2019 2:00:00 PM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: George from New England

You’ll have to check on what New England has to say on that, as you know the landlord/tenant laws, bylaws and rules vary—sometimes big-time, from state to state.

Hunt it down online or have a consultation with an attorney specializing in realty / leasing law.


3 posted on 03/31/2019 2:03:11 PM PDT by Patriot777 ("When you see these things begin to happen, look up, for your redemption draweth nigh.")
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To: George from New England

A lot depends on the rental contract. Many standard contracts have the renter being liable for the full amount of rent for the contracted rental period. Some landlords will then give the renter a break if a replacement renter is found.


4 posted on 03/31/2019 2:05:51 PM PDT by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: George from New England
If a tenant breaks a lease and requests to leave before the 12 months is up, what do they lose? If a landlord at move-in made them pay first month, last month, and security deposit, all about $1,000 each.

What does a landlord have to return if they only stayed six months?

What would be the purpose of taking these amounts if tenant could just walk and know they can get some of it back?

You need to consult with a lawyer in the state in which the lease was performed.

Not a landlord. Not a FReeper. Not a caddy. Not a maestro.

Can a landlord deduct turn-over costs ? Like paying an agent a commission to find a new tenant. What is reasonable and customary for this? 15% of the yearly lease total ? 7% cause that's a normal commission amount on sale of proper?

You need to consult with a CPA.

If a freeper can share wording they've used in the final security notice where amounts are being deducted of not returned.

Back to lawyer.

6 posted on 03/31/2019 2:06:31 PM PDT by Larry Lucido
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To: George from New England
If a tenant breaks a lease and requests to leave before the 12 months is up, what do they lose?

If a landlord at move-in made them pay first month, last month, and security deposit, all about $1,000 each.

What does a landlord have to return if they only stayed six months?

What would be the purpose of taking these amounts if tenant could just walk and know they can get some of it back?

You need to consult with a lawyer in the state in which the lease was performed.

Not a landlord. Not a FReeper. Not a caddy. Not a maestro.

Can a landlord deduct turn-over costs ? Like paying an agent a commission to find a new tenant. What is reasonable and customary for this? 15% of the yearly lease total ? 7% cause that's a normal commission amount on sale of proper?

You need to consult with a CPA.

If a freeper can share wording they've used in the final security notice where amounts are being deducted of not returned.

Back to lawyer.

9 posted on 03/31/2019 2:07:49 PM PDT by Larry Lucido
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To: George from New England

Check your local laws, but from what I have experienced is how ever the rental/lease contract is written word for word or not written is what a court is going to honor as long as it doesn’t violate local laws on the landlord’s part.


10 posted on 03/31/2019 2:08:21 PM PDT by Openurmind
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To: George from New England

read the lease. Check with local landlord group

First and last will be used, so your real quesion is can you keep the security deposit.

Needs to say that in the lease.


13 posted on 03/31/2019 2:09:49 PM PDT by Chickensoup (Leftists totalitarian fascists appear to be planning to eradicate conservatives)
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To: George from New England

I can give you some guidance, as I used to be in property management, although Canadian.

When you sign a lease you are responsible for that lease unless you or the landlord can find a new tenant. The landlord is responsible to mitigate his damages, that is, he has to make a good effort to find a new tenant. For your own sake it would be good to find someone suitable (cost is on you) to present to the landlord for acceptance.


14 posted on 03/31/2019 2:10:10 PM PDT by JudyinCanada
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To: George from New England

It very much depends on state landlord tenant law.You might seek competent legal advice from an attorney the practices landlord tenant law. Or google your states landlord tenant law but I warn you that one who represents himself has a fool for a client. Penalties can be quite harsh for screwing up on that deposit. Also a civil suit for the rest of your rent may be possible if you made a good decision on leasing to a person with assets.


15 posted on 03/31/2019 2:10:18 PM PDT by bingoplayer
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To: George from New England

What does your lease say? Many leases can be broken with requisite notice (30 or 60 days). He may owe you a month or two of rent, depends on what your lease says.


16 posted on 03/31/2019 2:11:29 PM PDT by The Old Hoosier (Right makes might)
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To: George from New England

Hire a property management company. I repeat. Hire a property management company.


17 posted on 03/31/2019 2:13:15 PM PDT by Responsibility2nd ( Import the third world and youÂ’ll become the third world.)
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To: George from New England
Find pertinent episodes of Judge Judy et. al and take notes.

Remember, liberal states hate landlords.

20 posted on 03/31/2019 2:19:25 PM PDT by Aevery_Freeman (The Elite: Too stupid to know when to quit stealing!)
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To: George from New England

Best to check local and state law where you live.


21 posted on 03/31/2019 2:27:38 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: George from New England

If you don’t know, maybe you shouldn’t be a landlord until you do?
Nothing worse for good tenants than bad landlords.


23 posted on 03/31/2019 2:29:25 PM PDT by Macoozie (Handcuffs and Orange Jumpsuits)
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To: George from New England

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.


30 posted on 03/31/2019 2:45:39 PM PDT by PAR35
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To: George from New England

Check with your state association for landlords....they will have good information and best rental contracts you cover every eventually.


31 posted on 03/31/2019 2:52:21 PM PDT by spokeshave (recovering Spokeshave from another computer.)
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To: George from New England

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.


32 posted on 03/31/2019 2:59:12 PM PDT by Hugin ("Not one step from his weapons should a traveler take"...Havamal 38)
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To: George from New England

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.


33 posted on 03/31/2019 3:02:04 PM PDT by sparklite2 (Don't mind me. I'm just a contrarian.)
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To: George from New England

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.


35 posted on 03/31/2019 3:03:51 PM PDT by bigredkitty1 (Stupidity kills. Just not often enough.)
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To: George from New England

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


36 posted on 03/31/2019 3:10:18 PM PDT by wardaddy (If we donÂ’t get some high ranking convictions from this failed coup....then they still won)
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