Legal Question in Real Estate Law in Florida

Abandonment of questionable

I was going to grad school in Florida and found classmate who wanted roommates to get a house. He found one and called me and told me that rent was 550(3350/6) a month and his name was soley signed on the lease. And that he needed 2000 dollars(First,Deposit,Last) plus extra to cover utility deposits. I sent the 2000 dollars. After I moved everything in and class started he informed me lease was 725$(for everything) a month and asked all 5 of us other roommates to sign it(a typical lease form letter).Having no other option I signed. But soon after I dropped out of school. I spent the next 2 months looking for a roommate replacementthrough signs and the internet and even spent 100$ for a service. But could not find one because of the high rent for the sub-lease. My grandfather was severly sick, so to be with my family I informed him I was going home to St.Louis and was not returning.I dropped out in Sept 19 and left Nov 17 He called me (Dec 17 and Jan 12)and told me that he had not tried to find a roommate but that he was going to begin legal proceedings, do I have any options? Thanks


Asked on 1/14/01, 1:46 am

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Landlord's rights against breaching tenant

Unless there is a deliberate misrepresentation about something not covered in a written document, the law will not protect a tenant who has made a bad deal for himself. However, a landlord who has taken possession of a dwelling after the tenant has left must try in good faith to re-rent it. If he doesn't do that he is not entitled to damages from the former tenant. If on the other hand the landlord does not retake possession of the premises, he is only entitled to rent AS IT ACCRUES. A landlord who has taken a security deposit MUST send the tenant a letter within 15 days after the tenant leaves saying he intends to keep the deposit. If he does not send this letter he cannot retain the deposit.

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Answered on 1/30/01, 7:58 am


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