Last Months Rent (by Steve [FL]) May 14, 2018 6:05 AM|
Last Months Rent (by Moshe [CA]) May 14, 2018 6:32 AM
Last Months Rent (by WMH [NC]) May 14, 2018 6:49 AM
Last Months Rent (by S i d [MO]) May 14, 2018 6:50 AM
Last Months Rent (by Vee [OH]) May 14, 2018 6:51 AM
Last Months Rent (by WMH [NC]) May 14, 2018 6:52 AM
Last Months Rent (by RathdrumGal [ID]) May 14, 2018 7:11 AM
Last Months Rent (by Steve [FL]) May 14, 2018 7:23 AM
Last Months Rent (by Moshe [CA]) May 14, 2018 7:33 AM
Last Months Rent (by Still Learning [NH]) May 14, 2018 7:40 AM
Last Months Rent (by plenty [MO]) May 14, 2018 7:49 AM
Last Months Rent (by Patrick [VA]) May 14, 2018 8:21 AM
Last Months Rent (by Shaun [FL]) May 14, 2018 10:42 AM
Last Months Rent (by Shaun [FL]) May 14, 2018 12:06 PM
Last Months Rent (by Steve [FL]) May 14, 2018 3:37 PM
Last Months Rent (by Steve [FL]) Posted on: May 14, 2018 6:05 AM
I own one condo in Hollywood Florida that I have been renting out. I just started as a landlord and have a tenant that moved out. While this tenant was a pain in the butt and I would like to keep all his deposit money, I do want to operate close to the law so that I do not get in trouble with the courts. The tenant signed a 12 month lease. After wards he asked if he could move out early and asked if I could find a new tenant. I did find a new tenant that wanted to move in ASAP. I went back to the old tenant and they agreed to move out April 21. The new tenant moved in April 25th. I wanted a few days to clean and make some repairs. I need to send the security back this week to the old tenant. They did pay First/last/Security and since I did not find the April tenant before rent due, they paid April's rent. Question? Do I need to return "Last Months Rent" or can I keep it. Do I need to refund them 10 days in April for moving out early? Is last months rent have the same conditions as the security deposit in the eyes of the law in Florida. This is in Broward County. I have never been to court here. Are they tenant or landlord Friendly?
Last Months Rent (by Moshe [CA]) Posted on: May 14, 2018 6:32 AM
You cannot use last month's rent as though it were security deposit.
Last Months Rent (by WMH [NC]) Posted on: May 14, 2018 6:49 AM
Last month's rent is not a Security Deposit. You cannot keep it if they actually paid April's full rent.
The Security Deposit is to cover any damages you may suffered, financial or otherwise. Did you suffer damages?
It may not be used to penalize someone who broke their lease but otherwise did you no damage. --50.82.xxx.xx
Last Months Rent (by S i d [MO]) Posted on: May 14, 2018 6:50 AM
If you re-rented on the tenant's behalf, you are not entitled to keep the last month's rent. You didn't say when the lease was supposed to end, but my guess is May? Some clarification would help.
Regardless, for next time, write an early termination fee into your lease. Many of us use that to cover the exact scenario you describe. Then the tenant PAYS YOU for the extra hassle you have to go thru to mitigate lost rent on their behalf. As is, when you find a new tenant to take over the lease, you receive no compensation. Bummer. I prefer to get paid when my tenant forces me to do extra work on their behalf. --173.19.x.xxx
Last Months Rent (by Vee [OH]) Posted on: May 14, 2018 6:51 AM
Seems from your description you opened for business 2 times without knowing the tenant rules for your jurisdiction, I strongly suggest you download local and state tenant laws - read them backwards before frontwards, then visit housing court to see what happens there and you will learn a lot before going forward.
What you cannot do is double dip meaning you would pro-rate the moveout days and return the funds not used for cleaning, damages, late fee and actual rent. --76.188.xxx.xx
Last Months Rent (by WMH [NC]) Posted on: May 14, 2018 6:52 AM
As for the ten days rent, depends on state law. You are not allowed to double-dip for rent from a security deposit if you have re-rented the place, but I would not think you are required to refund rent that they paid as actual rent.
You can't keep Last Month's Rent, though, because that was April and they paid you. --50.82.xxx.xx
Last Months Rent (by RathdrumGal [ID]) Posted on: May 14, 2018 7:11 AM
Learn your state and local laws, and follow them. There is plenty of money to be made in this business even if you follow the letter of the law -- not "close to it". You take monetary damages out of the SD for repairs (after you have taken a ton of photos to document the damage) -- not because the tenant was a pain in the posterior.
Improve your screening methods and inspect your property at regular intervals. Did you run credit/criminal/ eviction reports on your new tenant? Did you look up your new tenant on your county's criminal/court database? Avoid desperate tenants -- tenants who need to move ASAP usually end up being problematic in their new place. --98.146.xxx.xxx
Last Months Rent (by Steve [FL]) Posted on: May 14, 2018 7:23 AM
I went to the county court house and found the law library and read the book on landlord tenant laws, and there was no one word on last months rent. NOT ONE. I want to do this legal but do not know what legal is? Tenant did 10 months of a 12 month lease. --73.124.xx.xx
Last Months Rent (by Moshe [CA]) Posted on: May 14, 2018 7:33 AM
You will NOT find any statute allowing you to keep the sum designated as last month's rent, except for the purpose for which it was intended. On the other hand, you WILL find a statute which specifies the basis for allowable deductions from the sum designated as security deposit.
Monies given to you for a specific purpose must be used for the purpose for which it was intended.
Last Months Rent (by Still Learning [NH]) Posted on: May 14, 2018 7:40 AM
I don’t know about FL, but in NH, I would be returning:
Last month’s rent (April was paid and it is rented for May so you don’t have any rent owed to put that money toward)
10 days prorated amount charged to new tenant for April would be returned to tenant that paid all of April due to the fact I am not allowed to “double dip” on rent.
Any money left from the security deposit that was not used to repair damages that were not considered wear and tear.
If the apartment was returned in perfect condition, the tenant would be getting more money than I had in escrow because of the 10 day prorated rent return. --24.61.xxx.xx
Last Months Rent (by plenty [MO]) Posted on: May 14, 2018 7:49 AM
If you are Double Dripping that could cause you to look less favorable regardless. Are you double dipping. I. Suggest you lay out the days and inform on a calendar and work thru it. --66.87.xxx.xxx
Last Months Rent (by Patrick [VA]) Posted on: May 14, 2018 8:21 AM
Here in Va the only way I would keep the rent money is if the damage done exceeded the security deposit. Say the damages with holes and trash and and other damages came to 2100 (That is the damages on my last tenant). If my deposit was for 1300, then he owes me 800. I would send him an accounting statement stating damages, security deposit and rent surplus. I would only return what was left over from the damages. Then I would leave it to him to take me to court if he didnt think I should use his left over rent to pay for his damages. --70.184.xxx.xx
Last Months Rent (by Shaun [FL]) Posted on: May 14, 2018 10:42 AM
Welcome to the ballgame.
1. FL Landlord - Tenant laws are online. You want the Residential -- FL Statutes 83.xx Make sure you access 2017.About 5 years ago LL/T laws had a major overhaul.
2. Won't help you now, but we can have an Early Termination Fee (ETF)clause in our lease, now. Use to be Tenant responsible for rent until end of lease or re-rented. In my lease I have the T choose between 2 options, ELT = to 2 times monthly rent or be on the hook for rent every month until re-rented. Everyone usually chooses ETF. The reason for 2 times monthly rent is the ETF only requires 30 days Notice to Vacate, yet the lease states 60 days. Most people who move b/c of a job don't always have 75 days to give notice, move... So they are paying for shorten notice period plus one month.
3. FL LL/T law does not allow a LL to collect more than 2 times the rent... If you receipted it out as Last month's rent or referenced it in your lease as last month's rent, than you MUST return it, even if the damages are greater than the security deposit.
Last Months Rent (by Shaun [FL]) Posted on: May 14, 2018 12:06 PM
Google FL Landlord Tenant Law...
look for the "leg . state . fl . us"
with out spaces between the periods.
Last Months Rent (by Steve [FL]) Posted on: May 14, 2018 3:37 PM
Thank You everyone. You answered my questions. --73.124.xx.xx