I am renting out my home in Florida to a tenant who signed a lease and gave me a deposit for first month's rent. The lease was to start on July 15. The tenant told me today that she is no longer moving in and that I can keep the deposit. Do I have any recourse? Thank you.
2007-07-11 04:01:02 · 5 answers · asked by Jessica A 2 in Business & Finance ➔ Renting & Real Estate
you may retain the deposit, apply the balances to the remaining part of the lease and when re-rented, apply all the credits to her account and at the end of the lease, either refund the balance if any, keep it or sue in sml claims court for the debits occurred during her lease term.
2007-07-11 04:19:31 · answer #1 · answered by ticketoride04 5 · 0⤊ 0⤋
You can charge her for any rents that come due until you place another tenant. You do have an obligation to make a reasonable effort to place a new tenant and minimize her liability.
Since she didn't actually take possession of the place, keeping the deposit as she has already told you would sound like a reasonable compromise. It's not like you need to prepare the unit for a new tenant.
2007-07-11 04:07:50 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Do you have a clause in your lease for early termination? (And if not, why not?) You could pursue her for the money, but it will end up costing you more in the long run. You have the deposit -- as long as her check didn't bounce, count yourself lucky and start looking for another tenant.
2007-07-11 04:28:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you could hold her for the full terms of the lease but i think keeping the deposit is fair enough. re rent the unti and be done with this person.
2007-07-11 04:12:06 · answer #4 · answered by spadezgurl22 6 · 2⤊ 0⤋
what does your lease stipulate for a broken contract? Since the resident never actually took posession it might be tricky. I think I would pocket the deposit and advertise for a new resident.
2007-07-11 04:16:49 · answer #5 · answered by just me #1 5 · 0⤊ 0⤋