All Forum Posts by: Heather O.

A " non refundable pet deposit" is the wrong wording and COULD force you to return it. In the future, the proper term is non-refundable pet FEE. Fees are non-refundable. Deposits may or may not be refundable. It would also be prudent to add in a fee for breaking the lease. I use 1.5x the montly rent. Exactly what your lease states, as well as the state statutes, will determine what you may or may no do. 

@Heather O.

Do you have the pre walk through checklist from the previous landlord? If yes, then you can most likely make a play for the damages. If you do not have any proof to the condition of the property at move in all he has to say in court is "It was like that when I moved in" the judge will look at you and say "Do you have proof of condition at move in?" Some states can award 3 times damages so just in the security deposit you could be on the hook for $1800. So I think @JD Martin was saying let the deposit go because you can't prove the cabinets were not broken, holes were not in the walls.

As far as the last months rent and prorated etc, check local laws but there should be a time frame from when notice was given. Commonly 30 days notice has to be given before next rent due date (Not positive about Florida). So if he moved out 7 days before the end of a month he still owes for that month and the next if no notice was given. Unless you agreed to let him move out early with no penalty.

Good Luck

Usually you can add in the ORIGINAL lease_ if you leave early or break the lease 2 months is owed>>Intial here_______>.The money on the table is yours IF THEY SKIP OUT_but I doubt they will pay 2 months rent-always-so money owed goes out the window except the DEPOSIT>paid.

@Heather O. then I'd say no to refunding the prorated rent since he choose to leave when he did. If he didn't pay rent the last month that is yours to keep as well. It sounds like he knows he is a pain and wants to push you around. I don't blame you for wanting to move on and get him out of your life these renters cause more stress.

What I meant by asking if you got a deal on the house I mean did the seller sell for less than they could have just to get rid of the tenant? If so that might be some of the compensation you get for dealing with the problem renter.

I would cut bait and move on from here. The previous landlord apparently approved of the previous 9 years, and you purchased the place with the tenant in place and the home in the current condition, so I don't see that you'll have much legal ground to stand on anywhere. If you don't have any proof of the condition of the home before the tenant moved in, you'll be hard pressed to even hold on to the deposit for damages. 

As for keeping rent paid but unused for damages, I doubt that is legal in Florida. You would need to get a court judgement to determine if the tenant is responsible for damages beyond the deposit amount in order to collect any further money. 

@Heather O. First and foremost, what does your landlord tenant laws state about notice from either party? Familairize your self with these, they are life savers.

Secondly, your story sounds somewhat confusing, you gave notice to vacate, then offered a renewal. Should have been one or the other, sometimes (depending on your states laws), one can negate the other

Rent can not be used for repairs at all.

I would say no landlord can't use last month's rent for repairs. Did you ask them to leave before the end of the month? I wouldn't give pro rated rent back for any early days moved out. Can you show any damage was done by the animals to keep the animal deposit? With the amount of damage I wonder if you could do small claims court and try and collect that way. However where you didn't own it the whole time I doubt it. Did you get a good deal based off condition?

@Bernie Neyer @Matthew Olszak @Nicole A. @Paul Staszel @John Nachtigall Check out my last post guys. It's a pic of our back and fourth text. She has to go."