Legal Question in Real Estate Law in Florida

My girlfriend was transferred 50 miles away out of the county; I am unemployed. We couldn't afford to keep the current home, so we asked to break our lease, after living there for 3 years. Until the Landlords gave their consent, we didn't sign any paperwork. Upon the walk-thru, they stated that everything was in great condition, even praising us. They never made any claim on our security deposit, orally or in writing; we actually gave them more than 30 days to respond, and several opportunities to notify us of any intents to make a claim. When they ducked our phone calls, we sent them a form citing FL 83.49, requesting our deposit be returned. When we reached them again, they denied our request, on the basis that nobody had rented the home because of the condition we had left it. We understand everyone's financial situation is precarious, but we feel they have no basis for denying our deposit, since they left it so long.

Asked on 3/18/11, 1:17 pm

2 Answers from Attorneys

Richard Kaplan

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Based upon what you said, Landlord loses. Florida Statutes in Chapter 83, requires you to get a notice within 15 days of vacating the premises as to any monies they intend to withhold from the security deposit. Then you have 30 days to file an objection.

Failure of the Landlord to send the 15 day notice, which they appear they never did, gives you an automatic win. However, you have to file a small claims action to receive it, if they fail to comply with the law.

Even if you left the place in terrible conditions and owing rent, they can't off set it. It's nice how they cite one section, but forget the more applicable section.

Because of your financial situation, you may qualify for a free attorney through the Broward Bar Association (Broward Lawyers Care) or Legal Aide. Give them a call to see.

Answered on 3/18/11, 6:16 pm

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