Landlord Question and Answer Forum

IF THE TENANTS BREAK THE LEASE; DO WE NEED TO TAKE THEM TO COURT TO COLLECT MONIES OWED? HOW MUCH IS CHARGED FOR BREACHING THE LEASE?

In most states you would take your prior tenant to some form of housing court, whether a district or county court or a big city housing court. Some this becomes a civil matter. First and foremost, you want to conduct an inspection for damages, take pictures and make sure you document everything. In Florida: the landlord must either return the deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. IMPORTANT!! If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating. Generally unpaid rent can be deducted. In most states a landlord must mitigate damages, this means he must do everything he can to re-rent the apartment. But depending on the lease and the state, the landlord is entitled to all the months the rental remains unrented. Good luck!

Posted by Donna , NC on Thursday, November 3, 2011