Legal Question in Real Estate Law in Florida

Naples, Florida, property

We rented our property in Naples, Florida to a couple for 3 mos. They ended up having another couple stay for about a month (3 month lease). It seems they broke the lease. Do we have a right to keep a damage deposit based on the fact they broke the lease? Damage deposit is $500. Lease value is approx $3500/month for a villa like ours in Naples.

Asked on 3/14/02, 8:03 pm

3 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Naples, Florida, property

What are your damages? Did you have a written lease that limited occupancy of the premises by only those identified in the written lease (assuming you had a written lease), and, in that event, did the lease provide for liquidated damages or default remedies that would allow you to keep the deposit? Without additional information, I cannot give you any meaningful information. Good luck.

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Answered on 3/15/02, 11:29 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Naples, Florida, property

Subject to the terms of the lease, a damage deposit is to compensate for physical damage to the unit, not for damages that result from the breach of the lease.

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Answered on 3/15/02, 6:46 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Naples, Florida, property

If you suffered damages, you may have a claim. Not enough information to give you a definitive answer.

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Answered on 3/14/02, 8:53 pm

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