Legal Question in Real Estate Law in Florida

Hi, I'm a landlord of two single family homes in Florida. One of the properties was available for rent and a prospective client contacted me. After discussing the terms she wanted the home and signed a one year lease dated July 27, 2010. The lease terms were one year starting September 1, 2010. She gave the deposit and first months rent on July 27. We removed all advertisements for the home. August 9th I recieved a call from the tenant stating she will not be moving in and her wanting return of all monies. Per Florida statute 83.49, do I have to return all monies? I sent her a certified letter stating that we are keeping the deposit per the lease agreement. Also, I did refund the first months rent as a goodwill gesture since she did not move in yet. Can't I countersue for the remainder of the lease? I don't want to do this but she wants to sue me for the deposit. Thanks


Asked on 8/24/10, 1:04 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You must mitigate your damages by reposting the property for lease as soon as you know that she is breaking the lease. You may be entitled to lost rent between July 27 and whatever date you ultimately get a new renter to start paying rent. You need to have the lease reviewed by a real estate attorney who can apply the law to the facts of your case. You must file an action against her to retain her damage deposit. You may not keep that money without either her written consent, or a court order.

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Answered on 8/30/10, 6:09 am


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