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Breaking a lease due to drive by shooting
I broke my lease due to a drive by shooting in December that sent 4 bullets into my livingroom,I reported it to the management company and told them I was going to move out. I was told that was an unacceptable reason to move out.They said they would get back to me. I waited 2 more weeks and no one ever did. I did get a call the first of the month saying I owed the next months rent and told them I moving out that weekend and would pay 1 week rent.I came home later that day with a 3 day demand letter for me to move out. I called the manager again and told her I would be out. She verbally agreed and said she had someone who wanted to rent the house. I requested my security deposit back and now they say no. Is there any legal way to get it back. The house is not up to state codes to be rented as well. What can be done?? This is under Florida orange county laws
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Unless the landlord is somehow responsible for the shooting, no you can not break a lease merely because of crime in an area. Also FL is a tough state, the landlord does not even have to try and find a new renter if you move out. You will not get your deposit back and if they do not rent it out, can be sued for all rental though the end of the lease. If it was not up to code, you should not have moved in to start with, at this point, since you have moved out, it is not a issue now. What can be done? At this point, feel lucky if they don't make you keep paying the rent. |
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Whatever made you think that this incident was sufficient reason to break your lease? You are the one in the wrong here. The good news is that, by issuing a pay or quit notice, they effectively terminated the lease, not you. The bad news is that, you owe rent for up to the end of the month that you vacated. Therefore your security can be applied towards that back rent, and they can sue you for any further balance you might owe. So, to answer your question, you are not entitled to the return of your security so there is no legal way to get it back. The fact the property was not up to code, MIGHT have given you an excuse to break the lease, but that is moot now and cannot be used. |
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