end of lease

[esp99]

We are in Florida, at the last month of a commercial lease. After 4 years, the new owner of the building presented a new lease effective June 1, 2001 with a 27% increase. Needless to say, we started looking and decided to move our offices. Since the new landlord is only here 6 months, and we have knowledge that they rarely return security deposits, we elected to give that as last month's rent. I was presented with a " 3 day notice to pay rent" or deliver possesion notice on May 9th with possesion on May 14th. We plan to be out on May 25th. Can she evict us prior to May 25th or must they go to court first, which will take longer. Please rush, the 14th is next Monday. Thank you

 

[LL]

I don't know anything about FL law, but I expect that you cannot direct that the rent be taken from your security deposit. I also don't know FL procedures, but I expect that the landlord needs to go to court to get an order of eviction in order to physically get you out. But,

You have been sued, you now have an unlawful detainer filing (or whatever) on your record, I expect that you will lose the suit even if you are already gone, and that will be on your record, too.

You should be aware that landlords sometimes resort to self-help in cases like this, and generally judges have sympathy for them. The issue is the length of time to wait for a judicial order in an open-and-shut case like this. California gives a court priority to such cases and in fact, upon the showing of an affidavit by the landlord and posting of an indemnification, California will allow the landlord to proceed immediatly with the tenant's removal, although few landlords take advantage of this.

 

[esp99]

Thank you for your input. I believe she is leaving the country on the 15th, the day after the notice states so, perhpas I'll take a shot. I know she'll never return the money.