non payment of rent

[Yudelkes]

What is the name of your state (only U.S. law)? fl
Thanks for reading my post
My husband has been way to flexible in my opinion these tenents were always late. At any rate they only paid half of June(late) said they would have the rest in two weeks and till this date have not paid 2nd half of june, july, and after giving them 7 day notice to pay or move out they finally moved out aug 3. my question is, their lease was for a year, are they still responsible for the rent till we find new tenants? and our lease states that if they break lease they lose the security deposit but they want to apply what ever is left over from damages to unpaid rent. Do I have to do that?

 

[johnd]

their lease was for a year, are they still responsible for the rent till we find new tenants?

Yes, provided you immediately attempt to mitigate.

and our lease states that if they break lease they lose the security deposit but they want to apply what ever is left over from damages to unpaid rent. Do I have to do that?

1) Why would you pay them when they owe you? (1/2 June, july and August) I just don't get it.
2) Generally, you cannot just "keep" the sd: there must be some damage. Hopefully, your lease is not so lackadaisical (there must be some fee noted in the lease or some damage for it to be retained).

 

[Yudelkes]

thanks for your response.
I know that normal wear and tear are not considered damages but for instance: painting, would normal wear and tear include needing to repaint all of the interior including doors ceiling + baseboard due to lack of normal house cleaning, could we add a fee to the lease for painting or what fees are permissible?

 

[johnd]

thanks for your response.
I know that normal wear and tear are not considered damages but for instance: painting, would normal wear and tear include needing to repaint all of the interior including doors ceiling + baseboard due to lack of normal house cleaning, could we add a fee to the lease for painting or what fees are permissible?

You do not get compensated for what it costs you to paint. You get compensated for the cost of repairs. So photodocument all damages, and itemize, line by line the cost to repair all damages.

 

[reenzz]

Yes, provided you immediately attempt to mitigate.



1) Why would you pay them when they owe you? (1/2 June, july and August) I just don't get it.
2) Generally, you cannot just "keep" the sd: there must be some damage. Hopefully, your lease is not so lackadaisical (there must be some fee noted in the lease or some damage for it to be retained).

JohnD:

Florida law does not require the landlord to mitigate his damages. He/she can just sit back and collect/sue for the full term of the lease.

 

[johnd]

JohnD:

Florida law does not require the landlord to mitigate his damages. He/she can just sit back and collect/sue for the full term of the lease.

Hmmm. Lucky FL LLs.

 

[ecmst12]

Just because they CAN, doesn't mean it's WISE. Clearly these tenants have money issues; who knows if/when LL will ever see the money owed. Re-renting as soon as possible will put money in your pocket faster.

How long did they live there and how old is the paint job? DIRT is not normal wear and tear so if the paint job was ruined by dirt, that is damage, but you can only charge for the depreciated value of the paint. If it's more then 3 years old, it's not really worth anything anymore.

 

[johnd]

Just because they CAN, doesn't mean it's WISE. Clearly these tenants have money issues; who knows if/when LL will ever see the money owed. Re-renting as soon as possible will put money in your pocket faster.

How long did they live there and how old is the paint job? DIRT is not normal wear and tear so if the paint job was ruined by dirt, that is damage, but you can only charge for the depreciated value of the paint. If it's more then 3 years old, it's not really worth anything anymore.

Very good ec. A judgment is just a piece of paper with some writing on it if the debt is uncollectable. And although it serves to ruin their credit and make it far more difficult to rent in the future...I personally take no joy in that (other's misery).