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florida: tenant breaking the lease, moving out when the rent is due

This is a discussion on florida: tenant breaking the lease, moving out when the rent is due within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Out of nowhere my tenant that signed a lease for a year(Volusia, FL) said that she is moving out today, ...

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Old Jun 3rd, 2010, 04:58 PM   #1
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Confused florida: tenant breaking the lease, moving out when the rent is due

Out of nowhere my tenant that signed a lease for a year(Volusia, FL) said that she is moving out today, when the rent is due(today)...She didn't give me any notice, notification or was I aware of this prior to today.
When I asked her "why?", she started lying that she had bunch of issues with an apartment(one of them was bugs) . About every 10 days I was making sure to ask her "how is everything" and it was always" ohh it's great here i really love it" . in addition I asked if she had any pests problems just few days ago..she responded by saying she saw one roach a month ago but that was it. My lease states that tenant is responsible for being a "bug man" in this rental apartment anyway..
I am getting close to foreclose on my house because I am not going to have enough money for my mortgage- because of this. Yep, another homeless(just about) thanks to this AS*HOLE. F U AS*HOLE!!!
QUESTIONS:
1) Knowing that she broke the lease today and said that is moving out today.. Does that mean that anything thats left tomorrow in that apartment is technically and legally mine?
2) What if she is not there, but some stuff are there, can I assume she moved out and stuff is abandoned? 3) Do I still need to give her 12 h notice today in order for me to inspect apartment tomorrow, even doe she said she is moving out today?
4) What do I do if her unregistered boat is still there tomorrow?
5) Knowing that she is disabled(yea right).. even If I file small claims court for her braking lease early(5months) and damaging my apartment and winning it on court- do I still have chance seeing any money in the future from her disability income or?
6) She only put down $100 as deposit as I was trying to help people in need, like usual. But look at me now "good people always finish last" as I am about to be homeless if I don't do something sooooon about this apartment.
Thank You kindly and any help would be appreciated.
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Old Jun 3rd, 2010, 06:39 PM   #2
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Default re: florida: tenant breaking the lease, moving out when the rent is due

U R screwed,sorry
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Old Jun 5th, 2010, 02:20 PM   #3
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Default Re: florida: tenant breaking the lease, moving out when the rent is due

QUESTIONS:
1) Knowing that she broke the lease today and said that is moving out today.. Does that mean that anything thats left tomorrow in that apartment is technically and legally mine?
No, follow the state laws on abandoned property left in a rental. Unless she gives you the keys, you can't change the locks or seize her possessions. Do a google search on FL rental abandonment laws. Then follow them.

2) What if she is not there, but some stuff are there, can I assume she moved out and stuff is abandoned?
See the answer to #1.

3) Do I still need to give her 12 h notice today in order for me to inspect apartment tomorrow, even doe she said she is moving out today?
Yes.

4) What do I do if her unregistered boat is still there tomorrow?
Follow the same laws above.

5) Knowing that she is disabled(yea right).. even If I file small claims court for her braking lease early(5months) and damaging my apartment and winning it on court- do I still have chance seeing any money in the future from her disability income or?
She is obligated for rent until the lease ends or it is re-rented, advertising costs, agent fees if you use one, or any other non-reimbursed costs. But, you can't garnish disability payments. You may be able to garnish other income, attach bank accounts, attach tax refunds, etc.

6) She only put down $100 as deposit as I was trying to help people in need, like usual. But look at me now "good people always finish last" as I am about to be homeless if I don't do something sooooon about this apartment.
Once she is out, get it re-rented as soon as possible. Wish I had more to help you.
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