Legal Question in Real Estate Law in Florida

Hi so recently my ex fianc� and I applied to rent a private owned condo. We signed a lease that stated it would begin in October 1,2016 and end September 2017. However we broke up and called off the engagement and wedding. We had paid a total of $1125 for security deposit for this apartment and I contacted the property owner and told her my fianc� and I broke up and she insisted that she keep the security deposit and also want an advance rent of $1125 because supposedly we broke the lease contract. How would we have broken the lease contract if we never moved in and also gave them a notice a month before the lease contract would have become effective? Please help.


Asked on 9/07/16, 9:34 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your actual lease agreement controls. You are obligated under the contract even though the move in date has not started. The landlord is also required to mitigate damages by re-renting the unit. If they do that before Oct 1, than the damages would be limited. Security by the way is usually for damages to the unit not for breaches, so it would require a written agreement between you and the landlord that this is what it to be used for.

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Answered on 9/08/16, 6:53 am


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