Full question:
We have a rental property that we have put up for sale. There was a renter in the house until the end of November. My husband verbally discussed the damage to the house with the tenant and told him the damages more than exceeded the security deposit. The tenant agreed. My husband repaired and replaced everything that needed fixed, beyond normal wear and tear--approximately $1000. Two months later the tenant is now claiming he is due all his deposit because we didn't inform him in writing within 7 days that he would lose it, claiming it's a state law in Florida. Now--the lease states that the tenant has to give us a 30 day written notice for moving-he did not. The lease also states that if he moves in the months of Nov-Feb his deposit will not be returned. We told him we were putting the house up for sale--he had the option to buy. He verbally told us he was moving at the end of December, then called us to say he would be moving at the end of November, which he did. Now--my husband is upset and worried about the 7 day written notice on the security deposit. Is this something we need to get an attorney for? Or does the language in the lease take precedent?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Florida
Answer:
The answer depends on the lease terms, the reason for early termination, and whether proper notice was given. If a tenant ends a lease early without the required written notice and there is no fault on the landlord's part, the landlord may hold the tenant responsible for rent for the remaining lease term. A landlord can keep the security deposit if the tenant improperly terminates the lease early and use it for unpaid rent or damages beyond normal wear and tear.
According to Florida law, when a tenant vacates the premises, the landlord must return the security deposit within 15 days or provide written notice within 30 days if they intend to impose a claim on the deposit. This notice must be sent by certified mail to the tenant's last known address and must state the amount claimed and the reason for the claim. If the landlord fails to provide this notice within the 30-day period, they lose the right to impose a claim on the security deposit (Fla. Stat. § 83.49).
In your case, since the lease specifies that the tenant must give you a 30-day written notice to move and that the deposit is non-refundable if he moves during certain months, you may have a strong position. However, the tenant's claim about the lack of written notice regarding the security deposit could complicate matters. It may be wise to consult an attorney to navigate this situation effectively.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.