The goal for every Landlord is to receive the rent on time. They want to avoid the Eviction Process because they continue to lose rent. There are some Landlords however that require a Tenant to pay the entire amount of rent up front. While our office advises against this practice, the Landlord has the right to do so. They may face obstacles when their a Tenant violates the terms of the lease. If you are a Landlord in South Florida and need to Evict a Tenant that pays the rent for the full lease, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Is it possible to Evict a Tenant that pays the rent for the full lease?
The main benefit of receiving prepaid rent is knowing that every month that rent is due, the money is there. Since prepaid rent is considered advanced rent, the Landlord needs to deposit it in a separate account. However, unless the lease is written otherwise, they cannot keep the full amount of the prepaid rent for themselves. This correlates to the Issue of whether you can remove a Tenant that violates the lease.
Unlike most evictions, if a Tenant pays up front, you cannot remove hem for failure to pay. Therefore, the only way this Tenant can be removed is if they violate the non-monetary terms of the lease. This may include destruction of property, allowing unauthorized occupants to live at the property, harassment of Neighbors and failing to allow the Landlord to enter. There are other non-monetary violations but these are the most common. If the Tenant is served with a 7 Day Notice and fails to vacate, the Eviction will be filed against them.
What happens to the prepaid rent if the Tenant is Evicted?
If the Tenant is evicted or abandons the property, the Landlord needs to look at the lease to determine their entitlement to the prepaid rent. For example, if the Tenant agrees to a two month penalty, the Landlord can only disburse two months of rent. They will have to return the remaining balance. However, if the Tenant chose to allow the Landlord to seek damages for the remaining months, the Landlord can release it every month that it becomes due. While the Tenant may argue that the Landlord has not mitigated their damages by re-renting the property, the Landlord will likely have rights to the prepaid rent.
It is true that receiving prepaid rent can be favorable to a Landlord. Additionally, a Landlord can still Evict a Tenant that pays for the full lease. If you have questions about this process, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
