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  #17  
Old 07-15-2006, 07:41 PM
valkyrie valkyrie is offline
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Quote:
Originally Posted by ktsnake
I'm pretty sure that they can't hold you responsible for the term of the lease. Especially since they likely show and rent apartments quite a bit. There's a duty to mitigate the damages there, and I think you're covered there.
Unfortunately, under FL law, this does not seem to be the case, as indicated by my link above:

83.595 Choice of remedies upon breach by tenant.--

(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:

(a) Treat the lease as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant; or

(b) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from a reletting; or

(c) Stand by and do nothing, holding the lessee liable for the rent as it comes due.

(2) If the landlord retakes possession of the dwelling unit for the account of the tenant, the landlord has a duty to exercise good faith in attempting to relet the premises....


Thus, if the landlord stands by and does nothing, there is no statutory duty to mitigate damages.
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