Florida Tenant abandoned property/Moved out early/Lease

[Anil Samuel]

I have a tenant that was always paying on time for nearly the past two years.  Last month they told me they were considering another place which was more appropriate for their family.  I said as long as you pay March's rent I can apply your security deposit to April's rent.  Since there are now damages to the property from their dog I have to deal with I feel that I should use the security deposit for damages instead of rent.  Does anybody know what recourse I have?  I know that I will only be able to get any rent from the original tenant until I get a new tenant in the property.  I hope to get someone in the property by April 15th.  Just as an FYI the monthly lease dates run from March 23- April 22, April 23- May 22, don't ask!  Oh and originally I had their parents guarantee the first year's lease but took them off the last year (I am kicking myself now!).  Not trying to be harsh, but I want to be fair as well.  Should I send to collections or litigate?  This may not even be worth it in the state of Florida due to the high costs of attorney's fees.

Excerpt from NOLO: Unfortunately, landlords in Florida (Fla. Stat. Ann. § 83.595) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. Landlords in Florida have the option of rerenting, standing by and doing nothing (in which case, the tenant remains liable for the rent as it becomes due), or invoking the right to liquidated damages, or early termination provision. The latter remedy is only available if the lease includes a liquidated damages clause, or in addition, that provides a maximum of two months' damages and requires tenants to give no more than 60 days' notice. The liquidated damages provision must substantially include specified language in Fl. Stat. Ann. § 83.595.  (Unfortunately I didn't include this two years ago, but I will going forward.)

But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Florida.

[Aly W.]

And remember, winning a judgment isn't worth much if the tenant isn't collectible.