Legal Question in Real Estate Law in Florida

This question applies to the State of Florida.

The situation is as follows: A 1 year residential rental agreement with an early termination fee of 2 months of rent (approximately $3,000). The tenant paid the deposit up front worth 1 month of rent. 4 months before the rental agreement expired the tenant told the landlord that they would vacate the property two months before the agreement was up. As of today the tenant has not paid the 2-month early termination fee, and the deposit was applied against the balance, leaving the tenant with a debt of 1-month of rent.

Question: Is it worth it to seek legal action for the remaining 1-month rent (around $1,500)? What would be involved in getting this money paid by the tenant?

Thank you very much.


Asked on 1/31/14, 5:24 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

It entirely depends on who the tenant is and whether they are collectible. You should seek some legal counsel and perhaps do an asset search to determine the answer to these questions.

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Answered on 1/31/14, 8:44 am
David Slater David P. Slater, Esq.

You can always sue in Small Claims Court. Whether you can collect is another matter.

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Answered on 1/31/14, 2:54 pm


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