Legal Question in Landlord & Tenant Law in Florida

I love in Florida. We signed a 1year lease that we need to terminate early because my husbands work is relocating us. In our lease it states that early termination is grounds for loss of security deposit. We spoke with the landlord 2.5 months prior to us needing to leave and explained our situation. The landlord stated that as long as he could rent the property we could have our deposit back. We were accommodating and he has a tennant coming in the day we leave. Now the landlord is saying they will only give us about half of our deposit back. Is this legal? Should I just wait to see if they don't send me a letter stating why they are taking our deposit or should I try to get something upfront in writing? If they give me half back am I still eligible for the remainder if they don't mail me a reason for keeping the rest?


Asked on 10/08/15, 3:11 pm

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

The "agreement" you reached should have been in writing. The lease agreement controls. Your subsequent oral conversation is not enforceable. You need to have your lease agreement reviewed by an attorney.

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Answered on 10/08/15, 3:18 pm
DMD PA DMD Law, PA

You do not mention if his denial to return your deposit is in writing. Under Florida law, a landlord MUST mail you notice, in writing, within 30 days after you move out, of his intent to impose a claim against the deposit. You need to give your objection to the claim within 15 days after receipt of the landlord's notice. You really need to have an attorney review your lease to see if you are entitled to a refund.

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Answered on 10/09/15, 12:26 pm


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