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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I submitted this question, however, Firefox said your site

Customer Question

I submitted this question, however, Firefox said your site was not secure and would not let me return after retrieving my password ***** my emails. So I do not know if you still have the question or not. I asked if there is a Florida Statute 83.595(s) that deals with the landlord's exclusive use and not for the benefit of a tenant i.e. not in accordance with good faith requirement when taken possession for the account of the tenant. The tenant signed a lease and paid in advance for a seasonal 3 month furnished upscale rental and changed their minds and notified Landlord they would not occupy the premises. Their attorney sent a notice of lease Termination. Since tenant's lease appeared to call for the Landlord to use same efforts to release, Landlord has done so for the past few months with no success. Now with only 3 weeks left on the terminated lease tenant's attorney is asking to see proof that it is still being offered for rent and suggesting that Landlord is occupying the premises. Landlord has not occupied the premises but visited on occasion to maintain. However, this is landlord's home and since only 3 weeks remain landlord wants to return to unit. Is this possible? It is assumed that Landlord would only have been obigated to release for the tenant's term of 3 months but to keep the peace has been open to possible leases for 2 months and has had unit shown to prospective tenants also suggested tenants employ a realtor in the building to list property for their lease term which was accomplished. What are landlord's remaining obligations to tenants?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

Your other question is located at the following link: http://professional.justanswer.com/chat/index/15fc577d4a6f48e4b0e32ba2ef1f10a3 and includes details on the statute.

If the landlord is going to be moving back into the unit with 3 weeks remaining in the lease term, the landlord is going to be returning the rent for this 3 week period to the tenant.

With regard to the remainder of the lease term, the landlord is only required to show that they used "good faith efforts" (the FL Statute uses a very specific definition for good faith efforts: "the term “good faith in attempting to relet the premises” means that the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent")

The tenant is entitled to receive proof that the landlord is in fact putting the unit up for lease, (such as advertisements, etc.) the landlord can provide this information to the tenant now pre-litigation, or alternatively they can refuse to disclose this information at this time, and wait for the tenant to actually sue them in court, at which time the landlord would have to introduce this evidence in support of their defense.

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