My wife and I recently got back together. She was renting an apartment with 6 months remaining on the lease. She spoke with the landlord, through the real estate agent, about the possibility of terminating the lease early.

She informed him that if at all possible could she be released from the lease early. She agreed to continue paying the rent and utilities until the agent finds a new renter. He agreed and has now re-rented the apartment.

The problem now is that he sent her an email the other day stating that he was going to deduct a "placement" fee from her deposit (which is the same amount as her deposit).

It is my impression from the Florida statues on rent 83.49, and the lease itself that she did not breach and that both parties initial amicably agreed to end the lease early.

Does he have the right to keep the deposit?

When you "break" a lease you are liable for the rent until a new renter is found plus the costs of advertising and getting a replacement. If this agent does not customarily receive a placement fee this would not be allowed. What does the written lease say about this topic, if it isn't in writing he can't enforce it. Also, if the lease states this fee is allowed it can not be simply withheld from the deposit. The deposit must be returned, minus and repair isses and the fee can then be charged to your wife. If she decided to not pay it would be up to the agent to sue or pursue

There isn't anything in the lease regarding a "placement fee." She has had her prorated amount returned for this month.

Oh and the agent stated that she didn't receive a fee.

Who holds the security deposit and is it in an interest erning account?

The landlord did not have to allow her an early release. And, in Fl the landlord was not required to try and re-let the unit. So, if she is getting away with not have to pay rent until the end of the lease, she should count herself lucky.

@scottgem, I understand that point, however this was an amicable agreement. My wife and I were fully prepared to pay until the lease ended. She made the agreement in good faith with him, and signed a statement to boot. So really once he re-rented the place there should be no other issue.

@ballengerb1, I believe it was a non interest bearing account.

She made the agreement in good faith with him, and signed a statement to boot.

You didn't say that initially. If she has a signed statement, that may have the force of law depending on what it says.