Q: Do our tenants get their security deposit back with the FL Early Termination & Liquidated Damages fee?
Our lease contract states for return of security deposit: #1. Full term of lease (and any and all extension) has expired and all provisions complied with. #2. A min. of 60 day notice in writing is given to landlord prior to expiration date of lease indicting tenant's intent to vacate at the end of the lease term. #3. No damages to the premises #4. No unpaid late charges, pet charges, or delinquent rent due #5. Forwarding address given #6. All keys, etc returned to LL #7. Receipts provided to LL for cleaning requirements. We have FL Statue 83.595(4) included in our lease (Early Termination/Liquidated Damages Addendum) for 2 months rent if terminated early and our tenants have just given notice. Our mgmt company said they needed 30 days notice to terminate and security deposit is kept only if there are damages. Contract states nothing else about termination/security deposit. Are we owed the security deposit or not - provision #1 for security deposit return is confusing
A: It's difficult to say because you only included a couple of clauses from the contract. One would have to read the full contract to see if your management company is reading it correctly.
Bruce Alexander Minnick agrees with this answer
A: Unless I miss my guess, you are paying your management company good money to handle this issue and many more like it; so why are you here on Justia asking for free legal advice when you have a management company?
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