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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Is there a Florida Statute 83.595(s). I am told it deals

Customer Question

Is there a Florida Statute 83.595(s). I am told it deals with a landlord's exclusive use that is not the the benefit of a tenant when landlord has taken possession for the account of the tenant of a seasonal 3 month rental paid in advance @ $3,300/mo with a 3 month minimum that tenant never occupied and gave notice of the termination of the lease to landlord before occupying.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

The statute in full can be found here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.595.html

In short, what the landlord can do if the tenant vacates the property early, is to:

1) retake possession of the unit and release the tenant from liability (so if the tenant has pre-paid, the landlord must return the prepaid rent for this period)

2) retake possession of the unit but hold the tenant liable for the rent, if the landlord chooses this option, they must make reasonable efforts to re-rent the unit. (so if the tenant has pre-paid, the landlord can hold the rent money, but must return the pro-rated amount of rent if the landlord is able to find a new tenant - for example: if the landlord finds a tenant for 2 months out of 3, the landlord can hold 1 month's rent, but must return 2 months).

The other 2 options are identified in the statute (do nothing and hold the tenant liable, and charge liquidated damages (applies only if they are stated by the lease)).

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