Florida Tenant/Landlord breach of lease

Florida Tenant/Landlord breach of lease

Member since 2021 · 2 posts · 0 votes

If I have it in my lease, can I keep a one month tenant security deposit and responsibility for paying the remaining 2 months owed? I would consider small claims since its about $3800. I dont want to violate a statute (which Ive checked thoroughly) or risk losing and having to pay attorneys fees. I cant seem to get any attorneys to call me back to get a consult. Any advice?  

0Reply
39 views

Most Popular Reply

JD MartinBusiness Member
Moderator
Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
5y

I don't understand your question. Are you saying the tenant left owing 3 months of rent? 

It doesn't much matter what you have in your lease when it comes to deposits. Virtually every state (including Florida) has a Landlord/Tenant act that defines the idea of deposits. That will trump anything in your lease. I think virtually every state allows you to apply deposit to legal, unpaid rent. 

Skyline Properties
View Page
See this reply in the discussion

4 Replies

Jump to latestLatest
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    5y

    I don't understand your question. Are you saying the tenant left owing 3 months of rent? 

    It doesn't much matter what you have in your lease when it comes to deposits. Virtually every state (including Florida) has a Landlord/Tenant act that defines the idea of deposits. That will trump anything in your lease. I think virtually every state allows you to apply deposit to legal, unpaid rent. 

    Skyline Properties
    View Page
  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    5y

    NOT going to offer legal advice. AM going to offer this advice: from now on have a clause that the tenant signs stating they owe two months rent for early termination of the lease. I have that in mine. 

  • Member since 2021 · 2 posts · 0 votes
    5y

    The tenant will owe 2 months rent. Plus the security for breach of lease. I've been reading a lot about Florida judges considering clauses about forfeiture of security to be unconscionable . Trying to avoid a costly lawsuit if I lose. Thanks!

  • Investor · Ocala, FL · Member since 2016 · 299 posts · 110 votes
    5y

    Florida actually has a form for early termination - see page 10 of the online free lease form..   https://www-media.floridabar.org/uploads/2018/08/single-family-lease.pdf\

Join the conversationCreate a free account to reply, vote on answers and follow this thread.