Use of the word ignorant is applicable here because those are usually the types of tenants who give landlords a hard time. Yes, they like to think they know everything and they have all kinds of rights, etc., but most have no idea.
My case in point is a tenant I am dealing with now for a home I manage. This person broke the lease and essentially did not keep up her end of the bargain on the lease when it came to maintenance issues. However, she claims to know the law better than I, an agent who has been practicing for over 15 years. And this coming from someone who is not even an American citizen. In other words, she is here legally, but does not have good command of the language or US/Florida real estate laws. She believes that breaking the lease with 30 days notice is just fine and she should get her security deposit back. If she is not let off the hook then she refuses to cooperate with the showing of the house and allowing repairmen in the do their thing. I even recommended she take the lease and Landlord/Tenant Act to her attorney for review and translation and she took that as a threat!
(Did You Read this?!)
The lease, however, expires on Feb. 28, so essentially, she already forfeited her security deposit. So how does an agent and or landlord deal with this mess? Simply ignore her, let her ride it out for her 30 days, and then when she leaves change the locks and start all over again. In Florida the landlord has 15 days from the expiration of the lease to either refund or make claim on security deposit, not 15 days from when the tenant leaves. So, the bottom line is this; this tenant will not get a letter of recommendation and will lose deposit. Can she fight it? Sure, but in a court of any reasonably smart judge it will not get far because once the judge sees the lease he will just throw it out.
In other words, everything hinges on the lease, period. That is why we write them in the first place. It is an agreement. You cannot just renegotiate in mid-stream like an NFL running back who just had a great year with 2000 yards rushing. You honor the lease or you lose the money and the reputation. I simply present the case to them and if they do not want to cooperate ignore them the rest of the way if it is not long or evict if it is. The law is not always on the tenants side as they would have you believe. Landlords have rights too.
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