Landlords’ obligation of good faith to relet the premises.

Under Section 83.595, Florida Statutes, if a Landlord retakes possession of the premises for the account of the Tenant after the Tenant breaches the rental agreement, the Landlord has an obligation of “good faith in attempting to relet the premises.”

The Landlord’s obligation of good faith means

the landlord uses 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 rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney before choosing to retake possession for account of the Tenant to ensure compliance with for Florida Law.

If you are a Tenant and your Landlord seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.

If you have any questions about the Landlord’s obligation of “good faith in attempting to relet the premises,” please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Early Termination Fees for Residential Tenancies

Section 84.43(17), Florida Statutes, defines an “early termination fee” as

any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement.

However, the following are specifically excluded from that definition:

1. Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.
2. Charges for damages to the dwelling unit.
3. Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.

In order to charge an early termination fee, Landlord must comply with Section 83.595, Florida Statutes. Among other things, section 83.595 requires the Landlord and Tenant to sign an addendum to the rental agreement in which the Tenant specifically agrees to pay the early termination fee. Florida law also limits the amount of early termination fees to a maximum of two months rent.

If you are a Landlord and are interested in retaining the ability to charge an early termination fee, you would be well advised to contact a Landlord / Tenant Attorney BEFORE you enter in a rental agreement to ensure proper compliance with Florida Law.

If you are a Tenant and your Landlord is charing you an early termination fee, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for that fee under Florida Law.

If you have any questions about early termination fees under Florida Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Security Deposit Refund (In-Full)

When a Landlord does not intend to make a claim on the Tenant’s security deposit, Florida Law requires Landlords to return security deposits with interest (if applicable) within 15 calendar days after the Tenant vacates the premises.

An problematic issue arises when the Tenant does not provide the Landlord with the new mailing address. Also, there is potential exposure to liability when there are multiple tenants and the rental agreement is silent of the issue of to whom the security deposit should be refunded to.

It is advisable for Landlords to seek the advice of a Landlord / Tenant Attorney regarding the refund of the Tenant’s Security Deposit.

If you have any questions about refunding a Tenant’s security deposit for your Florida rental property, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Security Deposit Litigation

Under Florida Law, should either the Tenant or Landlord file an action to determine the party’s right to the Security Deposit, the prevailing party is entitled to recover his or her court costs & reasonable attorney’s fees from the other party.

I represent both Landlords & Tenant is Security Deposit Disputes. If you have any questions about defending or filing an action to determine your rights to the Security Deposit, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Sample Florida Notice of Intent to Impose a Claim on the Security Deposit

Sample Florida “Notice of Intent to Impose a Claim on the Security Deposit” Form.

This notice must be sent by Certified Mail. It is advisable to also send it Return Receipt Requested.

---

(Date)

VIA CERTIFIED MAIL

(Tenant’s Name)

(Tenant’s Address)

NOTICE OF INTENT TO IMPOSE A CLAIM ON THE SECURITY DEPOSIT

This is a notice of my intention to impose a claim for damages in the amount of _____ (insert amount you intend to deduct) upon your security deposit, due to _____ (insert specific damages suffered by the Landlord). It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to

(Landlord’s Name)

(Landlord’s Address)

---

If you have any questions about drafting a “Notice of Intent to Impose a Claim on the Security Deposit” for your Florida rental property, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.

Security Deposit Refund (Partial Amount)

Florida Law governs the process in which a Landlord can retain a portion (or all) of the Tenant’s Security Deposit.

In order to keep a portion (or all) of the Tenant’s Security Deposit, the Landlord must first properly issue a “Notice of Intent to Impose a Claim on the Security Deposit” to the Tenant in a timely manner. Florida law requires that the language of the form be substantially similar to the language contained in Section 83.49(3)(a), Florida Statutes. Furthermore, the Landlord must give the notice by certified mail within 30 days after the Tenant vacates the premises.

If the Tenant does not object to the Landlord’s intent to impose a claim on the security deposit, then the Landlord may deduct the amount of the claim and refund the balance (if any) to the Tenant within 30 days of mailing the “Notice of Intent to Impose a Claim on the Security Deposit.”

Problematic issues arise in determining what the Landlord can deduct from the Tenant’s Security Deposit. For instance, an issue is whether the Landlord can deduct legal fees incurred even though an action was never filed.

If you have any questions about imposing a claim on a Tenant’s Security Deposit, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.

Landlord / Tenant Attorney

617 E Washington St Ste 3

Orlando, FL 32801

Ph (407) 835-8688

http://www.Orlando-Evictions.com

LEGAL DISCLAIMER: The information on this site is by no means, nor is it meant to be, a definitive treatise on Florida Landlord / Tenant Law. Please be cautioned and advised that the information on this site only amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.