Archive for the ‘Tenant's Breach of Rental Agreement’ Category

Landlords’ obligation of good faith to relet the premises.

December 12, 2008

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.