Legal Question in Real Estate Law in Florida
my tenant moved out on me before the end of the lease. I have read the part of the landlord/tenant section on this but it is not clear on which way to proceed. Do I send a three day notice?
2 Answers from Attorneys
No. Provided there are not other clause in your rental agreement in reference to breaking the lease, your first duty is to use the same effort to advertise the place for rent as when you originally leased the space to the first tenant. If you are able to find a new renter prior to the original lease agreement term's end date, the damages due to you by the first renter is for the amount of time the place stayed vacant. If you are unable to find another renter by the time the original renter's agreement was up, the original renter/tenant would be responsible for the remainder of the lease term in the agreement. You do not have to file a 3 day notice as the renter/tenant has already left. You will likely have to sue in order to obtain the balance of the rent due once you have made a valid attempt to re-lease/rent the space.
If she has already left and abandoned the premises, you have a breach of contract case. Get the place re-rented right away if you can.