Legal Question in Landlord & Tenant Law in Florida
Can I get deposit back by default? (I want it to apply towards rents.)I had to terminate my lease after only 2 1/2 months. I advised Landlord only 10 days before, but not from ill will, but just my circumstances changed financially.I get this is not my landlords fault; just did no have the money. My lease does not state that I must provide 60 days -- it does state that I must continue to pay rent until new tenant if found. Tenant was found, but i am being charged for one months rents.My lease states I should receive my deposit back, and that I cannot put it towards rent unless landlord agrees to it, which she did not . I received itemized deposit withholding letter 35 days letters (mailed 32 days after vacating). This letter is telling she used up my deposit and and I owe her the rent still. I am not given option to reply within 15 days, which i believe Florida Law states she should have provided in her letter to me. I want to give them that money.
2 Answers from Attorneys
A security deposit cannot be used for rent. Since you cannot terminate w/o consent of your landlord, unless your lease so provides, you may still owe rent.
You can challenge the letter received about the security deposit. If the money is not paid, you would need to file suit to get it back. If there are no damages against he security deposit, you should get that money back and you would get attorneys fees if you hire an attorney to handle the case. You would still owe the rental as per the lease. Hire an attorney
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