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P. Simmons
P. Simmons, Attorney
Category: FL Real Estate
Satisfied Customers: 33069
Experience:  16 yrs. of trial experience
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I have a tenant who abandoned her lease and the property in

Customer Question

I have a tenant who abandoned her lease and the property in December. Lease isn't up until May. I am just now getting a new tenant in on March 8th. Can I charge her rent and late fees per her lease from date of last missed rent payment through March 7th, or is there a limit?
Submitted: 9 months ago.
Category: FL Real Estate
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You can...that is, if there is a lease, and the tenant broke the lease (did not honor the terms of the lease) you can sue them for "reasonably foreseeable damages" which can include the missed rent and late fees provided for in the lease.

So you can bill the prior tenant this amount. And if they refuse to pay? You can sue them to recover.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
my question is can I ask for the past 3 months plus late fees? I was told by someone there may be a law that limits us asking for only 2 months
Expert:  P. Simmons replied 9 months ago.

Can you tell me, what state is this happening in?

Customer: replied 9 months ago.
florida
Expert:  P. Simmons replied 9 months ago.

Thanks

There is no such law...that is, there is no law that says you can only sue for 2 months.

YOu can sue for "reasonably foreseeable damages"

So if they owe 3 months from the lease? You can sue for 3 months. Heck, if they signed a year lease and you could not find someone to rent for a year? You could sue for the entire year.

You have to try and mitigate damages...find someone to rent to offset what the tenant owes...you have done so. So you can sue for the 3 months and late fees (provided late fees are addressed in the lease)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

Hi

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