Landlord Obligations?

[denise4669]

What is the name of your state? Florida

What legal obligation, if any, does a property manager have to attempt to re-rent an apartment if you break your lease 3 months early?

 

[reenzz]

Florida law does not require the landlord to mitigate his damages...therefore he has no obligation to re-rent the property...he can just sit back and collect 3 month rent.

 

[denise4669]

not a proffessional but..

according to the website on Florida Residential real estate law-Florida law DOES require a landlord to mitigate damages. I am trying to figure out what would/should constitute an attempt to re-rent the apartment? I have been told several times over the last month that my (vacant) apartment is the only one available on the first floor. I am considering having friends go by and pretend to be interested in renting and see if she advertises the unit or not. I just dont know what I could do legally if she is not (advertising it).

 

[denise4669]

more confused than ever

okay so I jumoed the gun on the previous post. I found this:

From the Florida statute, Title VI, Chapter 83:

83.595 Choice of remedies upon breach by tenant.--

(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:

(a) Treat the lease as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant; or

(b) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from a reletting; or

(c) Stand by and do nothing, holding the lessee liable for the rent as it comes due.

(2) If the landlord retakes possession of the dwelling unit for the account of the tenant, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rentals received by the landlord as a result of the reletting shall be deducted from the balance of rent due from the tenant. For purposes of this section, "good faith in attempting to relet the premises" means that the landlord shall use at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to lease other similar rental units but does not require the landlord to give a preference in leasing the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.


Subparagraphs (a) through (c) of Paragraph (1) give the landlord's various options. Sure enough, (c) says the landlord can sit back and do nothing.


What now??????