We moved out of our current rental 8/31/14 (or lease ends 9/21/14) and our landlord has rented the house already and someone has already moved in as of 9/1/14... What options do I have.. She is giving us grief on giving us back partial rent and our security deposit...

It may depend on which state or country you are in, but in many places there are statutory or common law prohibitions against "double-dipping" (the landlord recovering rent through the unused term of the lease and receiving rent for re-renting the premises to someone else during the same time period). If the landlord has been made whole by re-renting the premises, he or she might not be able to retain the deposit in lieu of such rent.

If you moved out 8/31/14 ... why would you have partial rent owed back to you or did you already pay septembers rent, there would be nothing owed back for August. Only potientially the security deposit.

It's only been three days since you moved (actually more like only 2.5 days technically)... aren't we jumping the gun a bit here?

Smoothy, I'm guessing OP was required to pre-pay the last month's rent.

I didn't consider that in my post.

We are paid through 9/21/14 and we live in Florida...

(3) The landlord or the landlord's agent may disburse advance rents from the deposit account to the landlord's benefit when the advance rental period commences and without notice to the tenant. For all other deposits:(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49 (https://www.askmehelpdesk.com/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html)(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.

Statutes & Constitution :View Statutes : Online Sunshine (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html)

The link above shows the full statute.

Thank you. What about the fact that she rented the house when we still had a lease through September 21?

Its gets you of the hook for rent that period. Otherwise you would have owed it until the end of the lease or until they rented it out... whichever was sooner.

The landlord saved you a lot of money on that part. It also pretty much easy to argue significant repairs weren't needed if it new tenants moved in the next day.

While the statute Smoothy quotes explicitly provides that the landlord doesn't have to give notice before disbursing advance rent, OP should object to the landlord taking the advance rent, and file against the landlord in small claims court if necessary. AS it provides in the last sentence, "The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action."

smoothy, I don't think you noticed that the landlord is withholding both the security and the pre-paid Sept rent.

Sue in Small Claims, after waiting the amount of time allowed for refund. Look it up on your state.gov site.
Warn first. The fee is awarded when you win.

I am a bit confused here. According the statute smoothy quoted, the landlord has 15 days to return the deposit. That time still has 12 days to go. The landlord also has 30 days to provide a written accounting of how the deposit was used. I see nothing in what the OP posted to indicate that the landlord does not intend to return the monies. Unless the landlord has so indicated, I would send them a letter stating that it is expected that they will return the over payment within the 15 day deadline. If they don not take them to court.

Joypulv, they only moved out 2.5 days ago... the landlord is under no legal obligation to hand it over immediately upon demand, which apparently they think they have to do by their posts here (perhaps a misunderstanding they had?). The landlord has a legally prescribed timeframe they need to act in. And as long as they comply within that time frame, there is no issue.

According to that same statute...if the Tenant tries to sue for it prematurely, they will be on the hook for the landlords legal fees and court costs. They need to wait and see if the landlord meets their obligations first.

I have a feeling the OP was for some reason counting on getting it back the same day they turned in the keys because they are overextended financially.

The OP did say; "She is giving us grief on giving us back partial rent and our security deposit..." But "grief" needs to be defined. As noted, the landlord is under no obligation to return the funds until 15 days after the place was vacated.

I'm also wondering how much notice the OP gave. If they were paid through 9/21 that would indicate that they paid rent on 8/21 which then implies that they didn't give much notice. But we are speculating. the OP needs to return to fill in the blanks.