Subletting

[Oookitten]

What is the name of your state (only U.S. law)? I live in Florida and I rented a room out to someone and told them everything they needed to know about the sublease agreement. I received a money order for $825 from them and informed them that we would have to go to a notary to get the sublease notarized. Since they gave me the deposit money I became lenient and let them move in. They contact me a week later via text letting me know that they'll be collecting their belongings and would like their money back excluding the week that they stayed. They gave no notice or anything but they were always "so busy" that We never went to a notary to have the sublease notarized. There was no notice and I want to give the subtenant their deposit back but not the monthly fee. Is this a wise decision or would I be held liable if were to foto court?

 

[adjusterjack]

Long story short.

It didn't need to be notarized.

But if it didn't have a signature than you had a month to month rental agreement which requires the tenant to give at least 15 days notice to the end of a rent period per 83.57 (3).

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.57.html

If you got the first month's rent you get to keep that.

As for the deposit, the statutes give you 3 options per 83.595 (1), (2) and (3).

Read them.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.595.html

If you decide to re-rent the room you may apply as much of the deposit as it takes for the period until you re-rent.

If you decide not to re-rent, you return the deposit less any damage left behind by the tenant.

Here's the security deposit part of the statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html

I suggest you put your intentions in writing to the tenant advising him/her that he/she has breached the rental agreement and you will handle any refunds in accordance with the statutes. You may, of course, quote them in your letter so the tenant knows where you are coming from.

 

[FarmerJ]

When you send that letter doing your final disposition send it at the least via confirmed mail delivery so that way you have a receipt showing you did indeed mail it on time ( so you meet your states laws for deposit funds ) if it comes back to you do not re open that envelope so that way should there be any further dispute you will have proof that you addressed it with in your states timeline.

 

[Oookitten]

When you send that letter doing your final disposition send it at the least via confirmed mail delivery so that way you have a receipt showing you did indeed mail it on time ( so you meet your states laws for deposit funds ) if it comes back to you do not re open that envelope so that way should there be any further dispute you will have proof that you addressed it with in your states timeline.

I don't have a physical address for the tenant. If I send the notification via email or text message would it be just as effective?

 

[Gail in Georgia]

" I don't have a physical address for the tenant. If I send the notification via email or text message would it be just as effective? "

No. Send it to the last known address (the rental property); collect the envelope and keep it in your files that you made the good faith effort to provide this information to them.

Gail

 

[adjusterjack]

I don't have a physical address for the tenant. If I send the notification via email or text message would it be just as effective?

Agree with Gail. MAIL it in accordance with the statute to the last known address.

You could also send a copy by email or text if you like but you are not obligated to do so.

If the tenant has not provided you with his/her new address you won't get dinged for the notice (or lack) per the security deposit statute that a posted earlier. See 83.49 Paragraph 5.

"(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it."