update on offer to get out of lease - Landlord Forum thread

update on offer to get out of lease by Emma (Florida) on July 8, 2012 @11:30

My original question was posted on June 29:
“offer to get out of lease? by Emma (Florida) on June 29, 2012 @19:31”

The cliff notes version of that post is I had a new tenant who signed a lease 2.5 months early and paid the Sec Dep but never moved to this area or took possession on July 1 – changed her mind at end of May and has moved to another part of FL. My old tenants just left at the end of June so now it’s vacant.

Update question:
Defaulting tenant sent an email in June saying she agrees to pay contract until I find someone else, but nothing paid yet. Wants out of lease. I offered to release her from the contract upon payment of 2 months additional rent.
She wants out for nothing and has made disparaging comments to me, then she says by email she will pay it but has excuses as to why it will take longer. I countered with a cashier’s check or money order and needs to be received by July 12. If I get her to pay, what document should I use to release her from the contract and in what order or method since she is not local?

I intend to send the settlement statement in correct time and keep the entire SD which will most likely be retained by my agent. According to FL law and my contract, defaulting tenant is responsible to pay cost of re-renting, so this is why I am asking for 2 more months for me.

We began advertising the day she let us know there was a problem- my agent has her ads in at least 3 websites, local and nationwide, I have it in 3 or 4, including this website. It’s a 55+ rental (HOA), so not all responders fulfill that req’mt. No one new has been turned down or even filled out an app.

Now defaulter says she checks 6 papers daily in my area and doesn’t see any ads so contract is voided b/c we are not doing our part to re-rent. This is hilarious b/c there is only 1 paper is the area-it’s rural. This is why we have everything online to get a wider audience. We can prove all the weekly and daily postings of the ads and responded with that. Plus I hand out flyers and have given them to the local hospitals for their employees resource files.

According to the answers I have seen in my previous last post, it seems to me if court rules in my favor, the outcome would be:
2 additional months rent, and as written in the contract, attorney’s fees, court costs, agent re-renting fees (paid by original SD)

I just want all the ammunition I can have to convince her my offer is the best way to settle the default of lease. Does anyone have any further comments on this possible outcome or what I should now look out for?

In response to my first post, Mr. Dan sent a link to Fl Statute:

83.595 Choice of remedies upon breach or early termination by tenant.

Thank you Mr. Dan.!!!

As I read this statute, it offers the same remedy in #4 that I offered my tenant but says the agreement must be signed when lease is prepared. Does this deter me from offering that remedy now? I intend to put this agreement in my future contracts.

Also- if I get her to pay, what document should I use to release her from the lease and in what order or method since she is not local? (Repeating this q)

Thank you all for your help! (Sorry for the long post)

PS – I recently joined the LPA and it’s a wonderful resource! Thank you John!

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Re: update on offer to get out of lease by MrDan (Georgia) on July 8, 2012 @13:41	[ Reply ]

Since you have just joined, you can use the LPA early lease termination agreement/addendum provided to members. "Does this deter me from offering that remedy now?" NO, if she agrees to the terms. "what document should I use to release her from the lease and in what order or method since she is not local?" Have her sign a notorized copy and send it to you. Verify with the Notory thats its proper. Send her a copy after she fulfills her agreement to the letter. Do not sign before she does. Time is of the essence, put a time limit on the return of the notice or it's voild and you would proceed with all legal means granted under the law.

Thank you Mr. Dan!!