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wisper53 · Apr 13, 2008, 05:03 PM

I live in a suburb of Ft. Lauderdale, FL. and my lease for my apartment is not up until October, 2008. Presently I am looking to purchase a home and I do not want to loose my security deposit. Would you please advise me of my lagal tenant rights or do I not have one.

Fr_Chuck · Apr 13, 2008, 05:19 PM

See if the landlord will allow you to sublease

Ask the landlord if he will let you out.

Don't buy a home till it is closer to the end of your lease

N0help4u · Apr 13, 2008, 05:21 PM

From what I am looking up you have to give a three month notice

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

Title VI, Ch. 83, Sec. 83.595 -- Choice of remedies upon breach by tenant:

(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:

(a) Treat the lease as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant; or
(b) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from a reletting; or
(c) Stand by and do nothing, holding the lessee liable for the rent as it comes due.

(2) If the landlord retakes possession of the dwelling unit for the account of the tenant, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rentals received by the landlord as a result of the reletting shall be deducted from the balance of rent due from the tenant. For purposes of this section, "good faith in attempting to relet the premises" means that the landlord shall use at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to lease other similar rental units but does not require the landlord to give a preference in leasing the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.