Jacksonville, FL asked in Landlord - Tenant for Florida

Q: If my tenant verbally informed me of moving out, paid the rent, but never gave me the keys, can I charge for rekeying?

My tenant called me on February 24th to inform me they had been moved out of the premises since February 7th. I asked for the keys and they never gave them to me, so I changed the locks. Now, on March 15th, they have finally reached out to me saying they'll give me the keys. They paid me the rent due for March to avoid paying the early termination fees, but they are claiming that they haven't abandoned the property because they visit it every 3 days. However, I changed the locks on March 1st, the house is completely empty and the electricity is off. While they may pull into the driveway, they definitely haven't gone inside the house. I'm unsure of what I'm legally able to do since they paid for March, never signed an intent to vacate notice, and only told me verbally that they had left.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: From what you indicate (verbal notice on February 24, failure to enter premises since March 1, house empty, electricity off), it seems clear that they vacated the premises. You probably would have re-keyed anyway because they could have made duplicate keys, so that charge would depend on what the lease provides.

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