Q: Under FL statute 83.595(3) addressing broken leases, does "stand by and do nothing" mean I can't list the house to sell?

A: You want the best of both worlds! In essence, the options under FL Statute, Section 83.595 make you choose to take possession or payment from the tenant. The BIG question is whether or not the tenant is judgment proof and how much effort do you want to go through to attempt to collect? It is unlikely your tenant will willing continue to pay you, so that means you will need to go to court, get a judgment and then turn that judgment into money in your pocket. By the time all of that is said and done, you could have sold the property. I would just try to work out an amicable resolution with the tenant. They are the party that wants to break the lease, so you may agree to collect 2 months of the remaining 4 months and have them give the property back in good condition in lieu of collections for the entire balance. Then you have 2 months paid and you can list the home. Hopefully in that time, you will have a buyer! Best of Luck! Jennifer

A: I agree that's not really how it works and an over-simplification of many paragraphs of statutory text. You would be much better to let them out of the lease and then list the property for sale. Good luck getting them to let you show the house if they aren't paying rent even or keeping up the property to show (from experience as both an attorney and realtor) If the market goes down you will lose far more money in house value than the rent gained, that still may be uncollectible from the tenant as you cannot squeeze blood from a rock. Further, see the first paragraph of 83.595 "If the tenant breaches the rental agreement for the dwelling unit AND the landlord has obtained a writ of possession, OR the tenant has surrendered possession of the dwelling unit to the landlord, OR the tenant has abandoned the dwelling unit, the landlord may:" You would need 1) tenant breach AND suing for eviction and obtaining a writ possession; 2) to accept surrender; or 3) if tenant just abandons. There are only 3 options there none of which apply to your facts to stand by and do nothing. You also have a duty to mitigate your damages so sitting back doing nothing and then saying pay me won't fly in reality with a judge.

A: I agree with my colleagues responses. Pick you choice and stick with it. I will add that most realtors prefer a vacant house, it is way easier to list and show as you do not have to work around tenants in the property and the tenants clutter ect.

good luck,