I live in Florida and I had to breake my 1 year lease after 8 months and gave a 1 month notice to my landlord. I found another tenant to rent the property after my moving out and the landlord promised me to return the security deposit. After I found myself the new tenant for the landlord and cleaned the unit, the landlord informed me he will not return the security deposit as I broke the lease and he is entitled to keep the deposit as a damage he suffered from it.
Who is right who is wrong?
I would like to sue my landlord to get my money back as he has suffered no damage as a new tenant is renting the unit the very next day I left the property and the place was cleaned.
Thank you in advance for your answers,
One unhappy floridian renter !:(

Hello min:

You're right. He suffered NO damage. Sue him.

excon

Ok but am I entitled to sue the owner as the owner tole me as I broke the lease the contract became null and void and then keep the deposit. Is that true?

Yes, you are definitely entitled to sue the landlord. When you break a lease the landlord is entitled to continue to receive the rent until the earlier of: (1) a new tenant moves in, or (2) the end of the original term. The landlord can deduct that rent from the security deposit.

However, in your case a new tenant moved in immediately. The landlord has not suffered any damages so they are not entitled to retain any of the deposit. Sue them.

Did the new tenant, sign a new lease, did the new tenant give a new deposit. Or did the new tenant merely take over your old lease.

The new tenant signed a new lease as far as I know and gave a new deposit to the owner.
The owner told me verbally she will return the deposit one week ago if a new tenant will move in when I leave then when she found a new tenant to move in she declared that she will not return it because she suffered a loss when I break the lease ! So what should I do now? Hire a lawyer or sue on my own through the small claim court?thanks

Do you want your money back or do you just want to make a point? We had a landlord refuse to return our security deposit based on a bogus list of damages to the apartment. There wasn't even any breaking of a lease involved. We were advised by a lawyer that it would not be worth our time and expense to pursue the matter.

We opted to have the lawyer send a letter stating that the landlord was in the wrong. We knew it wouldn't accomplish anything, and while we felt a little better, we were still out the money.

First, does your lease say anything about an early termination penalty?

According to FL law (see here: Statutes & Constitution :View Statutes : flsenate.gov (http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/Sec49.HTM)) The landlord does not have the right to withhold the deposit for early termination. That section also specifies what the landlord has to do if they plan on withholding the deposit.

Looks to me like you havethe law on your side so take them to small claims court.

File a suit in small claims court for the return of your deposit. The filing fee is quite reasonable and you just might end up getting your deposit back. You will have to appear in court as the judge will not just automatically award you the return of the deposit without you being there to testify.

?? What loss is the landlord claiming?

The security deposit kept by the landlord would pay actually my moving out which is $2,000!

Hello again, mini:

I think the Padre was wondering what loss the landlord was claiming – not how much.

I suggest the answer is that he doesn't claim a loss at all, but that he thinks he's entitled to keep the deposit simply because you broke the lease. He doesn't realize that he actually needs to suffer some monetary damages before he can keep it. Of course, he's wrong, but he's not going to cut a check just because you tell him that some people on the internet told you so.

You are going to have to sue him. The good news is, small claims courts are quick, cheap and user friendly.

excon

Sue him, as a landlord is supposed to give you a reason why he is withholding the secirity deposit in writing, before 30 days is up. You may have triple your deposit coming, depending on the state your in. The deposit covers damages to the apartment, not rent.

Did you read the info on the page I linked to? I would give that to the landlord and tell him he is violating Florida law. That if he doesn't return your deposit comply with the law, you will seek legal remedies.

First, does your lease say anything about an early termination penalty?

According to FL law (see here: Statutes & Constitution :View Statutes : flsenate.gov (http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/Sec49.HTM)) The landlord does not have the right to withhold the deposit for early termination. That section also specifies what the landlord has to do if they plan on withholding the deposit.

Looks to me like you havethe law on your side so take them to small claims court.



I agree with Scott and would review the lease to see if there is a penalty for early termination of the lease, whether the landlord is out of pocket.

I have seen NYS leases with such a clause - don't know if it's legal in Florida.

As a landlord there are certain expenses involved with "replacing" one tenant with another - security checks, costs involved with new lease - and so I do lose money if a tenant breaks a lease, even if the tenant finds someone to take over the apartment.

As a landlord there are certain expenses involved with "replacing" one tenant with another - security checks, costs involved with new lease - and so I do lose money if a tenant breaks a lease, even if the tenant finds someone to take over the apartment.

I was thinking about that. Yes its possible the landlord did incur some costs due to the lease being broken. But according to the law I cited, they have to itemize the expenses within the specified time frame.

I was thinking about that. Yes its possible the landlord did incur some costs due to the lease being broken. But according to the law I cited, they have to itemize the expenses within the specified time frame.


I was thinking more of a specific clause in the lease about a penalty for breaking the lease - not that I stated that clearly!

Do I really need to appear at the court?
I am now in California, the owner lives in New Jersey and the apartment was in Florida!where do I file the small claim/ I won t be able to appear at the court !is that a problem/

That s what the landlord is telling me now that there is a clause stating that he is entitled to retain the security deposit if I was to break the lease. Is that legal and be approved by a judge even though there is no damage suffered by the landlord to the apartment as I cleaned it and it s in a good condition for the next tenant?

The landlord is claiming prejudice from breaking the lease but actually did not suffer any damage as a new tenant is renting the place and the apartment was left clean to him

If there is a early termination clause in the lease (a couple of us asked about that early in the thread, haven't you read the lease carefully by this time?) then drop it and move on. You signed the lease and therefore agreed to its terms. You are breaking the lease and subject to any penalties listed in the lease for early termination. Doesn't matter whether the landlord suffered loss or not in that case.

that s what the landlord is telling me now that there is a clause stating that he is entitled to retain the security deposit if i was to break the lease. is that legal and be approved by a judge even though there is no damage suffered by the landlord to the apartment as i cleaned it and it s in a good condition for the next tenant?



I believe I addressed this right in the beginning when I asked if there is a clause in the lease which allows the landlord to keep the security deposit if the lease is broken by the tenant, whether with the permission of the landlord or without, whether a replacement tenant is found or not - the landlord does NOT have to be out any money if there is a clause in a legal document (the lease) allowing him/her to keep the deposit under the above circumstances. I would presume you signed a lease with this provision - ?

So - again - what does the lease say?

The contract is unreadable because it was faxed to me and I do not have an original one that is why I called the owner who told me this clause appeared on the contract

So tell her to send you a legible copy with your signature on it.