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Tenant sues me for security deposit...

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rd2009

Junior Member
The Tenant moved out while on the lease; was paying rent until I found a new tenant. Now he sues me for the security deposit ...

I had to move to East Coast for my job and rented my house in Tampa, Fl. While 6 months left on the lease, the tenant called me one day saying that he bought a property and wanted to move out right away. We discussed the terms and he agreed to pay the rent until I find a new tenant and was coordinating with my realtor to rerent the property. My realtor charges one month rent as her fee and as soon as its rented out - I kept his security deposit towards that realtor fee. I even discounted 5 days of rent in the gap and $200 towards some repairs. Now I get a legal letter from his lawyer demanding me to refund the security deposit; Otherwise I have to go to the court in Florida. What can I do legally? Please advise.
Thanks.
 


Ohiogal

Queen Bee
The Tenant moved out while on the lease; was paying rent until I found a new tenant. Now he sues me for the security deposit ...

I had to move to East Coast for my job and rented my house in Tampa, Fl. While 6 months left on the lease, the tenant called me one day saying that he bought a property and wanted to move out right away. We discussed the terms and he agreed to pay the rent until I find a new tenant and was coordinating with my realtor to rerent the property. My realtor charges one month rent as her fee and as soon as its rented out - I kept his security deposit towards that realtor fee. I even discounted 5 days of rent in the gap and $200 towards some repairs. Now I get a legal letter from his lawyer demanding me to refund the security deposit; Otherwise I have to go to the court in Florida. What can I do legally? Please advise.
Thanks.
You either refund the security deposit, go to court when summoned, or don't go to court when summoned and get a default judgment against you.
 

BL

Senior Member
The Tenant moved out while on the lease; was paying rent until I found a new tenant. Now he sues me for the security deposit ...

I had to move to East Coast for my job and rented my house in Tampa, Fl. While 6 months left on the lease, the tenant called me one day saying that he bought a property and wanted to move out right away. We discussed the terms and he agreed to pay the rent until I find a new tenant and was coordinating with my realtor to rerent the property. My realtor charges one month rent as her fee and as soon as its rented out - I kept his security deposit towards that realtor fee. I even discounted 5 days of rent in the gap and $200 towards some repairs. Now I get a legal letter from his lawyer demanding me to refund the security deposit; Otherwise I have to go to the court in Florida. What can I do legally? Please advise.
Thanks.
Was the agreement verbal or in writing ?

You can review the Laws , and send the Attorney a response .

After that , if they still move forward with a court case ,
ask yourself is it worth it to you to travel to Fl. , or hire an attorney to represent you ?

http://74.125.47.132/search?q=cache:AWNtEd3q9C0J:myflorida.com/dbpr/HR/information/documents/1999_03.pdf+Section+83.49,+F.+S.&cd=7&hl=en&ct=clnk&gl=us[/U]
 
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CA LL

Senior Member
Did you send the SD accounting within the required time frame for your state law? You must still do this even if you do not plan to issue a refund check? If you did NOT do this, believe it or not they may have a case against you. Learn the laws of your state for LL/Tenant related matters.
 

JayDag

Junior Member
Whether the tenant was in the house or not, he fulfilled his end of the lease by continuing to pay the rent until the end of the term. You are required to give back the security deposit unless there is any damage to the home. You cannot use the security money towards your real estate agent fees because you chose to enlist an agent instead of advertising it yourself. So any fees that are due are your responsibility.
 

FarmerJ

Senior Member
How long ago did original tenant move out ? If you did not send a final disposition to former tenant in the time frame FL allows after someone moves out then you can be sued for failing to follow the law.
 

rd2009

Junior Member
Whether the tenant was in the house or not, he fulfilled his end of the lease by continuing to pay the rent until the end of the term. You are required to give back the security deposit unless there is any damage to the home. You cannot use the security money towards your real estate agent fees because you chose to enlist an agent instead of advertising it yourself. So any fees that are due are your responsibility.
There are still 3 more months remaining in his lease. He did verbally agree to me that he will take care of the cost of re-renting.
 

CA LL

Senior Member
You didn't answer my question. Did you send the SD accounting within the required time frame per your state law?
 

rd2009

Junior Member
You didn't answer my question. Did you send the SD accounting within the required time frame per your state law?
I didn't quite understand the question correctly. As per state law, I have the SD in a local bank as a noninterest paying account. Who should I send the info? What exactly you mean by SD Accounting? Can you please explain.
Thanks
rd
 

ecmst12

Senior Member
The accounting is a letter describing what the SD was used for, if it is not being refunded. Your state law should describe how much time you have to send it. Not all states have a number of days specified; if they do not then 30 days is usually considered reasonable.
 

CA LL

Senior Member
The link above did not appear to be good. Here is the actual STATUTE re: SD for FL.

Section 83.49, F. S.
A landlord has the discretion to collect various deposits as well as some rent in advance. These advance payments generally vary in range. You should be careful about making any deposit unless a definite decision has been made to move into the unit. A tenant who puts down a deposit but then decides not to occupy the unit, MAY NOT be entitled to a refund. If a deposit is non-refundable it should be stated in the rental agreement.

A damage deposit is the most common requirement of landlords. At the time of the pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc. and give a copy to the landlord. Keep a copy for your files, which may help eliminate or minimize disputes later.

When you move out, the landlord must either return your 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. 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.

Section 83.49, 3(b)(c), F. S.
Unless you object to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit.

If you don't know what SD accounting means or legal timeframe..I strongly suggest you STUDY ALL FL LL/Tenant laws ASAP. As you can see above, if you failed to send either the FULL deposit in 15 days or the claims against it within 30, you FORFEIT your right to keep any of it.
 

MIRAKALES

Senior Member
The Tenant moved out while on the lease; was paying rent until I found a new tenant. Now he sues me for the security deposit ... While 6 months left on the lease, the tenant called me one day saying that he bought a property and wanted to move out right away.
While it is true that most LLs are required to and should provide a written security deposit settlement statement to tenants after move-out… it is also true that tenants are required to provide a written notice of intent to vacate to LL prior to move-out. In this case, neither the LL or tenant adhered to the laws. Therefore, LL is responsible for mitigating rent loss and damages (as was done). Tenant is responsible for rent until date premises are rented and occupied by new qualified tenant (as has been done).

Due to failure to provide written notice of intent to vacate, tenant is responsible for the rent and security deposit can be used toward cleaning and damages. LL is responsible for issuing the settlement statement within fifteen (15) days of move-out only if no claims is being made against security deposit. LL has thirty (30) days to issue settlement statement if LL makes a legitimate claim against the security deposit.
 

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