How to prevent my tenants from running off?

Question

I rent in Florida. At this point, there is no way for me to prevent my tenants from vacating prior to the expiration of the lease. The only thing I could think of was to not give them their security deposit back if they didn't complete the term, but according to Florida Statute 83.49(3)(a) and 83.49(5), I still must return their deposit minus any claims.

It is cheaper for me to let them leave than to file any evictions in court.

I did notice that in the first paragraph of 83.49(5), it says "except when otherwise provided by terms of a written lease..." Does this mean that I can include a clause that says if they vacate early, they will not get their deposit back?

Ben Roddey · Answer

@Patrick Philip Just to clarify, most mobile home parks in Florida fall under chapter 723 mobile home communities of the Florida statues, which has some different requirements for leases. Assuming you're operating under chapter 83 landlord-tenant statutes, then your written lease typically takes precedent over what the ramifications are for not fulfilling the lease. In the case of a verbal lease, well then it's your word against the tenant's.

I'd highly recommend seeking the input of a real estate attorney, but if you're using a FAR-BAR lease, the newer version makes it clear that the tenant is responsible for the entire lease amount, unless the property owner allows for a buy-out (typically two months advance rent to cancel plus loss of security deposit).

John Thedford · Answer

You need to contact Harry Heist. He is an expert. I attended a class yesterday that he taught. His website is www.evict.com

Good luck.

Patrick Philip · Answer

I'm wanting to have some sort of monetary penalty for early vacation. This is a trailer park, so people's jobs often make them leave. They are 6 month minimum leases to avoid transient taxes.

If I'm interpreting 83.49(5) correctly, I can withhold their deposit if they vacate early, in which case, why did I ask the question in the first place?

At every eviction, I don't do cash for keys, I do one better. I just tell them that if they hand over the keys, we can avoid an eviction on their record, and a monetary judgement that will mess their credit up. But evictions are rare for me because I screen carefully.

Kim Meredith Hampton · Answer

@Patrick Philip you can put a lot of different things in your lease, but you always must follow the statutes.

Are you wanting them to leave, or is it that they don't pay on time? Maybe you could offer them cash for keys in lieu of going thru an eviction