Legal Question in Landlord & Tenant Law in Florida

lease, security deposit, last month rent

in the middle of june my landlord wrote a letter asking me to leave by the end of july. we have a one yr lease and her reason was we broke the lease in not letting her change the air filter. the lease states they owe us nothing if we braake any part of the lease. she gave me no notice in changing the filter in the 6 monthes i was there. she just showed up and the last time i was on my way out and said i didn't have time right now. i never refused to have it changed. my husband signed this letter and we moved out june 30th, one month earlier than requested, and someone else has already moved in. she still has july's rent and our security deposit. i wanted to know if she was even aloud to make us move, what are we owed and how long does she have to give it to us? should i take this to court


Asked on 7/18/08, 5:35 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: lease, security deposit, last month rent

i would go to small claims court.

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Answered on 7/18/08, 6:02 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: lease, security deposit, last month rent

If you were not allowing her access to the apartment to change the filter, that is a breach of the lease. She cannot, however, keep your security deposit if someone moved right in and she sufferred no lost rental.

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Answered on 7/21/08, 11:50 am


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