Legal Question in Landlord & Tenant Law in Florida

A tenant signed a 1 year lease to live in a house I own. About 2 weeks before he was scheduled to move in, he decided he wasn't moving in and was not going to pay his rent or sub lease his room. He has failed to pay rent for over 6 months. Can I take any legal action to recover at least some of the money he owes?


Asked on 3/12/10, 10:32 am

2 Answers from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Sure. You can sue under the lease. However, keep in mind that once you knew he wasn't going to move in, you would have had the obligation to try and reduce your damages by trying to re-rent the house to another tenant. So long as you are doing that in good faith and you haven't found a new tenant, he could potentially be held liable for the rent until you find someone. If you've let it sit vacant for the past six months and haven't tried to find another tenant, there is a question as to how much damages you would be entitled to recoup.

You might seek the advice of an attorney. You may be entitled to recover some attorneys' fees if you try to enforce his obligations under the lease.

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Answered on 3/17/10, 11:50 am
Lesly Longa Longa Law P.A.

Yes, but you need to make a reasonable effort to find a new tenant. Check the Florida Statutes as well as this site on Florida landlord-tenant law. http://www.800helpfla.com/landlord_text.html

Regards,

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Answered on 3/18/10, 6:56 am


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