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    rocky_r123's Avatar
    rocky_r123 Posts: 1, Reputation: 1
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    #1

    Jun 19, 2013, 11:33 AM
    Roommate renews lease without my approval- Florida?
    Roommate renews lease without my approval- Florida?

    I live in Florida. Me and my roommate completed our 1 year lease and I notified the landlord that I wanted to leave and moved out a month earlier. I got a job in California. I paid my rent for the last month. I did NOT sign the lease renewal form, moreover I had notified the lanslord in writing that I was leaving.
    I just came to know that the landlord has renewed my lease along with my roommate, with only his signature and approval.
    When I questioned the landlord; they said that Florida law allows them to renew lease with only one roommate's signature. Now they say that I am still on the lease and would not return my initial depost. They said that as my roommate had renewed the lease few days after I had given my notice to vacate, my document of vacating would be void. Is it possible for them to do this ?
    How can they renew the lease without my approval esp. when I had notified them in writing that I was leaving. Can I do anything to oppsose this. Can I take any legal action, and if yes then how.
    Please help
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 19, 2013, 12:37 PM
    Under FL law the LL has x number of days to return your deposit or give you reasons. If they miss that deadline they forfeit the right to keep the deposit.

    You have a choice here. You can sue the landlord for the return of the deposit or just let it go and let the landlord sue you for any rental he thinks you owe.

    If you can prove that you gave the landlord notice that you were not renewing, then I doubt if he can win in court. You might also have a case against the roommate for agreeing to renew for you when he knew you had terminated.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #3

    Jun 19, 2013, 12:43 PM
    As far as the deposit... those can and are treated as a single deposit... not two separate ones... the landlord can legally even require a single rent payment.. meaning one roommate pays their share to the other who cuts a full check for the rent. As long as the check is made on time and in full... it doesn't matter which roommate makes it.

    I've never seen a landlord return a partial security deposit to ONE roommate when they move out if the other remains... typically when the remaining roommate finds a new roommate they pay a security deposit which would be given to you. The landlord is entitled to the full deposit for the rental... if anything the remaining roommate should give you that share as they will get the full amount when they move out.

    That is from personal experience havign rented for a decade where I had roomates in states other than Florida.

    Can't comment on the rest... meaning you being held jointly liable on the lease without your signature...

    I assume the lease was renewed for an additional year. Leases typically auto renew to a month-to-month upon experation of a longer lease.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 19, 2013, 12:45 PM
    Smoothy makes a good point I hadn't considered. Since the roommate renewed, the landlord may have been within his rights to not return the deposit. However, in that case, you should be able to sue the former roommate for it.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Jun 19, 2013, 01:57 PM
    You sue everyone. You sue the landlord and you sue your former roommate. The judge will determine who is responsible for refunding it to you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 19, 2013, 04:26 PM
    As far as the room-mate's ability to bind you to a renewal is concerned, the LL is blowing smoke. Here are the Florida statutes on residential tenancies, and I see nothing in there like that.

    Unless the RM has your power of attorney, that is. I suppose it's possible that a POA is written into the lease, but I really doubt it. Review the lease to be sure.

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