Legal Question in Business Law in Florida

Dear Sir,

I have a situation. I am international worker,last winter I stayed in a studio room which rent for $450/month.

The company asked for safety deposit for 1 month rent which was $450.

I have a residential lease that said that lease shall commence on the 1st day of December 2008 and end on the 30th day of June 2009.

But I left that studio on the 1st day of May 2009.

I had call one of the agent about leaving and gave her my new address regarding my deposit that I wish could have it. She said ok that she will send it.

But it has been 3 months, I been trying to call 2 of the agent , leave massages but never have the answer.

My question is did I do wrong when I leave early, 1 month before the commence date,so they take my deposit?

It is not a big money but at least the agents could explain the reason instead of not answering my phone.

Thank you.

Regards,

Virta Buana


Asked on 8/13/09, 5:26 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It appears your deposit may be retained to pay for your last month's rent under the lease.

I'm not sure whether you paid May's rent before you left May 1. If not, you owe May rent. I'm not sure if whether you paid June's rent before the lease ended June 30. If not, you owe June rent.

There is a procedure under FL law that landlords and tenants are supposed to follow for the landlord to retain the deposit and for the tenant to dispute the retaining of the deposit. See the following website which explains this procedure and other information http://www.800helpfla.com/landlord_text.html. I am well aware that landlords sometimes do not follow procedure and retain the rental deposit anyway.

If you feel you are entitled to return of your security deposit because 1) you paid rent through the end of your lease; 2) the landlord did not notify you in writing of intent to retain your deposit; and/or 3) there was no damage to the rental unit, you may sue the landlord in small claims court in the county in FL where the rental unit is located.

Hope that helps.

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Answered on 8/13/09, 8:07 pm


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