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Florida rental Laws ?
As a Landlord am I legally required to return a security deposit if the tenant breaks the lease ?
6 Answers
- 1 decade agoFavorite Answer
You have 20 days to provide a written itemization of why you are keeping security deposits. You are legally required to return the security deposit even if it is in the form of a credit towards the balance due on the lease. Example, owes 3 months left at $1000 per month. Security deposit of $1000. They leave, you go in and clean carpet, repair a door and repair a window costing $500. Send a certified letter to the last known address (when it comes back, keep it just in case they sue you, it happens) itemizing $3000 due lease terms, $500 repairs totaling $3500 less $1000 security deposit=$2500 due. Then you can file a judgement against them. Hope this helps
- ΧαλαράLv 71 decade ago
Most likely, unless you need it for damages to the property, but you'd keep it in the form of owed rent.
In most states a renter can't be punished beyond their original financial obligation. Now, if they've damaged the place, you keep the deposit as that's what it's really for. The only money you're entitled to is what your actual damages are.
For example a couple puts down a 500 dollar deposit and pays 1000 a month in rent on a 12 month lease. If they break the lease at 6 months, you're still owed 6000. Now, if you keep the deposit and recover the future rent you'd get 6500, getting 500 more than what your damages were.
Say the place was damage to the amount of the deposit. You'd keep the deposit, and deduct nothing from the rent, leaving you with your 6k for rent and 500 for damages.
Now you'd keep the deposit of course, but deduct from the rent owed, meaning you're owed 5500. That is of course the place hasn't been damaged, then you'd keep the deposit with expection of all the rent due.
You have to remember though, you can't double dip on tenants, so if you get that place rented before the original (broken) lease would have been up you have to refund what rent the former tenants paid from the point the new tenants moved in to the end date of the the original lease.
- budhah1Lv 61 decade ago
It depends on your lease.. read it.. Oh forgot you may have written your own..
I too am a landlord, and I do not give out deposits to people who don't fulfill the lease, except in extrema type cases.. Like sickness or death in the family.
- LandlordLv 71 decade ago
Only sort of.
You deduct the rent for the 30 days of the notice, it does not matter that they left. You also deduct cleaning and any damages.
Make sure you check to make sure they are up to date on the power and garbage service. Your new tenants will have trouble if that was not paid.
If there is excess after that you have to return it.
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- 1 decade ago
There should be something in the lease agreement that protects you. That's one of the reason's you have a security deposit. Go onto http://www.800helpfla.com/landlord_text.html
this should answer most of your questions.
Source(s): Lic Realtor - ?Lv 44 years ago
a good faith attempt would not particularly mean that the owner has to spend time and income seek of a sparkling tenant. as a replace it ability that it has to maintain the valuables obtainable for a sparkling tenant, hence can no longer use it for yet another purpose till the top of the hire term. to illustrate it may be unsuitable for the owner to go into the valuables the place you lived for the reason that would desire to make the valuables unavailable to renters, or in the event that they left the valuables vacant yet instructed an inquiring renter that the valuables became unavailable. yet leaving the valuables empty and not mowing the backyard isn't breaking this regulation. Sorry.