Seasonal Deposit Refund

I have a seasonal rental in Jupiter, FL. I obtained a signed lease agreement in July 05 for the Jan thru March 06 season. At that time I advised tenant in writing that cancellations must be received in writing 60 days prior to scheduled arrival date. On 11/26/05 I received an email advising tenant can only rent Jan due to personal/business circumstance. All tenants funds where due 12/1/05 for the entire season. I responded that all monies need to be paid as noted in lease prior to occupancy for Jan. I advised that if I can rent the unit for Feb or March I would return his funds for those months. If the condo did not rent to Feb or March I would keep funds as tenant is breaching lease. Tenant did not like my option and stated "Good luck with your rental and he would not be renting in January. My ? is - Would I be required to return his deposit since tenant just walk away.

[ Edited by BPalacio on Date 12/03/2005 ]

Comments(6)

  • BPalacio2nd December, 2005

    thanks for your prompt reply.

  • Konte3rd December, 2005

    On seasonal rentals one usually gets the full rent and deposit in advance, you obviously only got the deposit right? I assume your lease agreement has a cancellation clause and what ever that is you have to follow it. The time and cost to re-rent the apartment you can deduct from the deposit including the days the apartment was vacant. If not enough in deposit held then bill them for the balance.

  • ASchaller29th November, 2005

    I have Section 8 rentals in CT. All my tenants pay their own utilities (heat and electric). Section 8 only assists on the rent. A lot of them get vouchers to discount their utilities, but that is not the responsibility of the land lord. All my properties are seperately metered for that reason. I am responsible for water,sewage, taxes and mortgage. I hope this helps.

  • andrewsmfg29th November, 2005

    Yes it helps, but how much can you charge for rent. Lets say for example the HUD limit I found for a 3br in this area is $1065 a month.. I thought that figure was supposed to include utilities?? What is the rent you charge on your units? is it well below the HUD limits then?

  • ASchaller30th November, 2005

    HUD pays fair market value rents. If you go to the HUD website, it lists all of the rent levels per state and area for 2005 and 2006. They then evaluate each person who is applying for assistance independantly and they pay a portion of the rent - tenant is then responsible for the difference. You cannot charge over fair market and if you do you will not be able to attract section 8 tenants.

  • Konte3rd December, 2005

    does the property have individual Electric Meters? if yes the tenant pays the bill. You do however have a Meter that you are responsible for, one that lights the common areas and exterior www.lights.The Heating system can supply a number of units/apartments and therefore Landlord pays, (add to the rent after you get an approx. cost from previous owner) If I may suggest you check the code with your Town for those meters in case they have to be replaced.

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