Legal Question in Landlord & Tenant Law in Florida
My tenant passed away suddenly on the 1st day of his new lease. He had someone living with him to share the rent that I was unaware of. This other person was not on the lease. Now I have to deal with returning the security deposit to his estate. I don't know how long it will take me to get the squatter out. He has no job and no place to live. What is my legal obligation in regard to informing the estate of the security deposit refund? How long do I have to inform his daughter about the security deposit balance and how much money can I use towards expenses until I can get the squatter out?
1 Answer from Attorneys
You need to evict the squatter. No way to notify the Estate of the net security deposit until you have determined what damages you need to fix and charge against it. You cannot use the security deposit for the fees and costs in removing the current resident. If it is really a security deposit, you can only charge repair costs.
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