Legal Question in Landlord & Tenant Law in Florida

After Irma we have cracks inside and outside of our rental home. Our landlord asked us to move early without penalty via text so repairs could be made fire to sinkhole activity/ unsettled sands under the home. I don't have an address for the landlord and we have texts back and forth staying we can get out of the lease without penalty, and would still be entitled to getting our deposit back so long as we clean and leave the house as stated in the lease, clean etc. Would this hold up in court if he tried to retain our deposit after we move being that we conversed back and forth and he acknowledge and even started these things himself?


Asked on 10/09/17, 6:17 pm

3 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

An agreement or novation amending the parties agreement would be enforceable if agreed to by both. Depends on original lease and what it provides. Novation may need to be in writing and signed by both parties.

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Answered on 10/10/17, 2:33 am
Barry Kaufman The Law Office of Barry W. Kaufman

Maybe, but its better to get in writing (in other words, on a piece of paper) signed by the landlord.

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Answered on 10/10/17, 6:14 am
Lucreita Becude Lucreita D. Becude, P.A.

Get in writing from the landlord. Odd that he is going to make all these repairs which of course would more than likely mess up the home so why would you need to leave and clean in good state? Just sayin' . this does not sound like it came from the landlord.

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Answered on 10/10/17, 6:27 am


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