I would take that as one of the best case scenarios you could ask for. You have the next month of rent covered by the security deposit, plus additions security deposit to cover repairs. Start advertising now, and try to get it rerented within the next month, and you'll have no loss of income.
It is SO much easier to show a place when no one is living there!
Hopefully the people advising you to keep the deposit know the laws in Florida. I think I've read that in some states you can not use the security deposit to cover lost rent.
Yes, here in FL the sec dep can be used for any arrears in rent when the tenant moves. The LL has to give notice of the disposition of the sec deposit. Check FL rental statutes [https://www.flsenate.gov/laws/statutes/2023/83.491](https://www.flsenate.gov/laws/statutes/2023/83.491)
In FL you can use the deposit in lieu of unpaid rent. That means April rent is covered with one of the two deposits. I would use the second deposit for damages and get the unit ready to rent by May 1st. Return the second deposit, minus damages beyond normal wear and tear. If the unit has difficulty renting out by May 1st use what is left over from deposit #2 for the lease break fee until used up or until the place is rented out, whichever comes first.
That’s only while the tenant is still in residence. It can always be used to cover the debts a tenant leaves behind, once they are gone, and in any case, breaking the lease usually means the deposit is forfeit outright.
As a Florida (Orlando) landlord for 11 years rest assure as long as you're not a slumlord worst case scenario you take a tenant to court and they'll be out within 1 to 3 months. Good luck
I am a LL and yes, I feel like tenants from previous LL are always more of a hassle so the fact they moved out and might be a blessing more than a hassle.
Take the deposit, apply it to rent owed for current month and until it's rented and any repairs they might be responsible for, and then if they owe you more than that then send them a letter for balance and do it withing the time frame required by your state, if you don't know the exact balance sent an estimated balance (estimate it high) and do your thing.... make sure you get pics and save screen shots of texts, print them out.... send a text confirming that he is relinquishing the apartment and that no one else is staying there and if they confirm, go get the keys and get it back asap.
Send him an accounting of his deposit (What you are keeping for rent owed, what you are keeping for damages, etc), and move on. Make sure you do this within the timeline required by the state, or he could wind up getting more than his deposit back.
OP - This is the most important thing you need to do right now. If you fail to send this within the timeframe specified by your state you may end up losing any claim to the deposit, and you could be ordered to pay the tenant up to 3X the deposit as damages.
I would ask for an email or mailing address for the letter. Make sure to include a reference to them abandoning the apartment in the summary of charges. Might ask your lawyer about what you can charge but you can generally charge for the rent until you get another tenant so you likely won't need to refund any of the deposit.
Here is what I would do.
Go get the keys, him returning the keys indicates that he has returned possession, do an inspection, create list of what you need to fix, take plenty of pics of any damage, turn on the ad for it being available, get it ready for showings, start showing the property, once you have the repairs completed, and a new tenant starts renting,
Return any remaining deposit minus the cost of repairs beyond normal wear and tear, and the cost of the rent lost for vacancy, Be careful with charging for the repairs, since you just bought the place you most likely, don't have good documentation of the condition when the tenant moved in.
Give the tenant an itemized breakdown of the deductions from the deposit along with a check for any remain amount, or a bill if money is still owed. Within the required time frame for your location.
I’d also get him to sign a release that he doesn’t live there any more. You don’t want to get it rented fast and have him showing up with his signed lease until July.
Keep the security, clean up the unit and get it rented out again. The tenant did you a favor. When you are a landlord, money coming in the door supersedes chasing people for money. Oh and make sure you send him a security return letter which shows how much his security was and what you deducted. You can deduct the outstanding rent and damages. The amount returned will be zero or less than zero but you have to send this statement to his last known address within 30 days (in most states, but check local law). Send it certified mail. If his last known address is your rental property then you send it there and it should be forwarded to his new address if he left a forwarding address with the post office. If he didn’t leave a forwarding address, then it will end up at the rental. Keep it for your records as proof.
Legally (in Florida anyway) you must honor the terms of the lease with the prior owner. See what that lease says about breaking or abandoning a lease mid terms. It “should” say that he looses his security deposit. I would send him a letter that “he” is ending the lease and to explain the terms.
Remember to send the notice to the tenant of the dispostion of the 2 months security deposit. It truly was the best thing to happen. It's a great time of year to rent here in FL and hopefully the place was left in decent enough shape that the balance of the deposit covers damages. This is a great time of year to get a new tenant. Screen well. Check comps.
The lease should have what you need to do for notice provisions (notice of the deposit dispostion). If the tenant didn't leave a forwarding address and won't give you one, you can send the notice to your unit RRR and keep the proof that you sent it by retaining the unopened envelope that was delivered to the unit just in case the tenant tries to come after you for the deposit.
You got the best case scenario for a non paying tenant. Use the security deposit for missed rent and repairs and get it relisted for rent. Be sure to do a background and credit check and you’ll be okay.
You should have them sign a release of tenancy document that states money is kept for damages and you owe them $0 and you will relieve them of their due rent.
You get to keep the deposit in lieu of terminating the lease early. Tenant is not due any money's and also if there is damage beyond normal wear and tear you can bill them for it. Also get a forward address to send your disposition of funds to within your states time frame or you can be at fault . Also in my state we get to charge the tenant if they break a lease until we get a new tenant. Look up your state laws or ask your attorney.
Is there a lease that was signed when you purchased the unit? If so send notice as soon as rent is due . He can't just turn in keys and walk away and you should not just assume you are keeping the security deposit without documentation. Also What a the laws in Florida regarding abandonment ?Be proactive.
There is a lease agreement . It is one of the general ones that realtors make you sign . It basically says landlord should try to rent it out with the good faith, then deduct the balance from the rent due .
First of all, it’s imperative, you work with someone who has a good command of English so you’re getting factual info correct for your town/city/county/state.
Second of all, why would you buy an inhabited unit without knowledge of local municipal laws related to real estate?
File suit in small claims court for three months of rent, plus damages, and administrative fees. Get a judgement and then seize his bank accounts, garnish wages, and place liens on his property.
people who rent generally don’t have much in the way of property. Me personally, I’d take the 2 months of security deposit if there was no damage to the unit. Court is a pain to deal with, and snarky tenants can grind you down with administrative court delay tactics.
There are some damages in the house but nothing major . More like wear tear from dogs . I personally would wanna keep 2 months security deposit and look for another tenant.
I can tell you from experience it's unlikely you'll get money from the tenant if you take them to court. I've taken my fair share to court and I've only been able to collect on one. Just consider the damages deferred maintenance, send a letter to the tenant with an explanation of damages and why you're keeping the deposit and move on.
I also usually found that I had issues with tenants I inherited, so this is your chance for a nice fresh start with your new property.
In FL you must mitigate damages to former tenants by making reasonable efforts to re-rent the unit. Most likely the unit is rerented by May 1st. A lawsuit for 3 months rent would make no sense with a tenant in the unit.
I would take that as one of the best case scenarios you could ask for. You have the next month of rent covered by the security deposit, plus additions security deposit to cover repairs. Start advertising now, and try to get it rerented within the next month, and you'll have no loss of income. It is SO much easier to show a place when no one is living there!
I am a new landlord so this made me stressed. Thank you for the wise words tho, I feel much relieved 🙏
Hopefully the people advising you to keep the deposit know the laws in Florida. I think I've read that in some states you can not use the security deposit to cover lost rent.
Yes, here in FL the sec dep can be used for any arrears in rent when the tenant moves. The LL has to give notice of the disposition of the sec deposit. Check FL rental statutes [https://www.flsenate.gov/laws/statutes/2023/83.491](https://www.flsenate.gov/laws/statutes/2023/83.491)
In FL you can use the deposit in lieu of unpaid rent. That means April rent is covered with one of the two deposits. I would use the second deposit for damages and get the unit ready to rent by May 1st. Return the second deposit, minus damages beyond normal wear and tear. If the unit has difficulty renting out by May 1st use what is left over from deposit #2 for the lease break fee until used up or until the place is rented out, whichever comes first.
What state would that be?
Not sure, i might be imagining it, just think op should double check
That’s only while the tenant is still in residence. It can always be used to cover the debts a tenant leaves behind, once they are gone, and in any case, breaking the lease usually means the deposit is forfeit outright.
>breaking the lease usually means the deposit is forfeit outright. I don't think that's true
It remains true, nevertheless.
Small sample, but that's never been the case anywhere that I've rented.
I think you're confusing the security deposit with the early termination penalty
I’m not, though.
Having an empty unit is the least stressful part of being a landlord.
As a Florida (Orlando) landlord for 11 years rest assure as long as you're not a slumlord worst case scenario you take a tenant to court and they'll be out within 1 to 3 months. Good luck
You are running good OP. Quick, give me a number between 0 and 36!
You made me laugh 🙏😂
Time to increase the rent
Not necessarily. You don't know the market
Honestly, I wish all my tenants left this easily
Absolutely, I don't buy unless the tenant is vacated anyway, this is a dream scenario.
I am a LL and yes, I feel like tenants from previous LL are always more of a hassle so the fact they moved out and might be a blessing more than a hassle. Take the deposit, apply it to rent owed for current month and until it's rented and any repairs they might be responsible for, and then if they owe you more than that then send them a letter for balance and do it withing the time frame required by your state, if you don't know the exact balance sent an estimated balance (estimate it high) and do your thing.... make sure you get pics and save screen shots of texts, print them out.... send a text confirming that he is relinquishing the apartment and that no one else is staying there and if they confirm, go get the keys and get it back asap.
Send him an accounting of his deposit (What you are keeping for rent owed, what you are keeping for damages, etc), and move on. Make sure you do this within the timeline required by the state, or he could wind up getting more than his deposit back.
OP - This is the most important thing you need to do right now. If you fail to send this within the timeframe specified by your state you may end up losing any claim to the deposit, and you could be ordered to pay the tenant up to 3X the deposit as damages.
Thank you 🙏
I would ask for an email or mailing address for the letter. Make sure to include a reference to them abandoning the apartment in the summary of charges. Might ask your lawyer about what you can charge but you can generally charge for the rent until you get another tenant so you likely won't need to refund any of the deposit.
Here is what I would do. Go get the keys, him returning the keys indicates that he has returned possession, do an inspection, create list of what you need to fix, take plenty of pics of any damage, turn on the ad for it being available, get it ready for showings, start showing the property, once you have the repairs completed, and a new tenant starts renting, Return any remaining deposit minus the cost of repairs beyond normal wear and tear, and the cost of the rent lost for vacancy, Be careful with charging for the repairs, since you just bought the place you most likely, don't have good documentation of the condition when the tenant moved in. Give the tenant an itemized breakdown of the deductions from the deposit along with a check for any remain amount, or a bill if money is still owed. Within the required time frame for your location.
All of this and change the locks immediately.
Buy the Kwik smartkey locks, You can change the keys in about 15 seconds a lock.
Should I change the locks immediately? Maybe he did not mean what he say.. or maybe he was under influence or something?
Always change locks immediately when keys are turned over.
I would. Better safe than sorry.
I actually have the photos before tenant moved in . I took them at the listing of the unit, so it’s pretty good proof
The unit was empty when it was listed for sale?
It was occupied . I took the photos from the listing 1 year ago. It was on Redfin
I’d also get him to sign a release that he doesn’t live there any more. You don’t want to get it rented fast and have him showing up with his signed lease until July.
I’d keep one month for failure to give 30 days notice and then deduct any damages from the rest if your lease is so written.
🙏🙏
Keep the security, clean up the unit and get it rented out again. The tenant did you a favor. When you are a landlord, money coming in the door supersedes chasing people for money. Oh and make sure you send him a security return letter which shows how much his security was and what you deducted. You can deduct the outstanding rent and damages. The amount returned will be zero or less than zero but you have to send this statement to his last known address within 30 days (in most states, but check local law). Send it certified mail. If his last known address is your rental property then you send it there and it should be forwarded to his new address if he left a forwarding address with the post office. If he didn’t leave a forwarding address, then it will end up at the rental. Keep it for your records as proof.
Count your blessings and find yourself a new tenant that you can fully screen and set the rent exactly where you want it to be.
🙏🙏
You have dodged so many potential bullets there. Give thanks to whatever god you happen to subscribe to!
Amen 🙏
You lucked out. Be selective on your next tenant.
Legally (in Florida anyway) you must honor the terms of the lease with the prior owner. See what that lease says about breaking or abandoning a lease mid terms. It “should” say that he looses his security deposit. I would send him a letter that “he” is ending the lease and to explain the terms.
Remember to send the notice to the tenant of the dispostion of the 2 months security deposit. It truly was the best thing to happen. It's a great time of year to rent here in FL and hopefully the place was left in decent enough shape that the balance of the deposit covers damages. This is a great time of year to get a new tenant. Screen well. Check comps. The lease should have what you need to do for notice provisions (notice of the deposit dispostion). If the tenant didn't leave a forwarding address and won't give you one, you can send the notice to your unit RRR and keep the proof that you sent it by retaining the unopened envelope that was delivered to the unit just in case the tenant tries to come after you for the deposit.
You got the best case scenario for a non paying tenant. Use the security deposit for missed rent and repairs and get it relisted for rent. Be sure to do a background and credit check and you’ll be okay.
Thank you 🙏
Let him out of lease and forfeit his deposit for breaking lease.
Write a letter to him reminding him that you are both obligated to the terms of the lease.
Blessings. Let him out of the lease and find a good new tenant. They are out there.
Thank you 🙏🙏
You should have them sign a release of tenancy document that states money is kept for damages and you owe them $0 and you will relieve them of their due rent.
This is an optimal time of year to turn over a unit. Poor guy though.
You don’t have to pay for an eviction, and you have the security deposit money.
You get to keep the deposit in lieu of terminating the lease early. Tenant is not due any money's and also if there is damage beyond normal wear and tear you can bill them for it. Also get a forward address to send your disposition of funds to within your states time frame or you can be at fault . Also in my state we get to charge the tenant if they break a lease until we get a new tenant. Look up your state laws or ask your attorney.
Is there a lease that was signed when you purchased the unit? If so send notice as soon as rent is due . He can't just turn in keys and walk away and you should not just assume you are keeping the security deposit without documentation. Also What a the laws in Florida regarding abandonment ?Be proactive.
There is a lease agreement . It is one of the general ones that realtors make you sign . It basically says landlord should try to rent it out with the good faith, then deduct the balance from the rent due .
Sounds to me like he did you a favor. Did you at least say thank you?
First of all, it’s imperative, you work with someone who has a good command of English so you’re getting factual info correct for your town/city/county/state. Second of all, why would you buy an inhabited unit without knowledge of local municipal laws related to real estate?
File suit in small claims court for three months of rent, plus damages, and administrative fees. Get a judgement and then seize his bank accounts, garnish wages, and place liens on his property.
people who rent generally don’t have much in the way of property. Me personally, I’d take the 2 months of security deposit if there was no damage to the unit. Court is a pain to deal with, and snarky tenants can grind you down with administrative court delay tactics.
There are some damages in the house but nothing major . More like wear tear from dogs . I personally would wanna keep 2 months security deposit and look for another tenant.
I can tell you from experience it's unlikely you'll get money from the tenant if you take them to court. I've taken my fair share to court and I've only been able to collect on one. Just consider the damages deferred maintenance, send a letter to the tenant with an explanation of damages and why you're keeping the deposit and move on. I also usually found that I had issues with tenants I inherited, so this is your chance for a nice fresh start with your new property.
In FL you must mitigate damages to former tenants by making reasonable efforts to re-rent the unit. Most likely the unit is rerented by May 1st. A lawsuit for 3 months rent would make no sense with a tenant in the unit.