Legal Question in Landlord & Tenant Law in Florida
My lease is between me, a roommate who is also on the lease and the landlord. The first year of the lease is over and we are month to month. Due to disputes with my roommate, I am moving. I provided notice to the landlord that I want to terminate my lease. The landlord said unless we both terminate, he is not terminating the lease and will not return my deposit or refundable pet deposit claiming he cannot inspect the house with one of us still there. Is there any recourse I would have against the landlord or my old roommate?
2 Answers from Attorneys
If you are month to month, then you have already fulfilled the terms of your lease. You can leave a month to month situation provided you give adequate notice to the landlord. Your roommate will probably have to leave or need to pay the full rent amount. Clearly he can inspect the premises as long as the tenants consent. You should make sure you submit your notice in writing (preferably registered mail). The law governs his ability to hold a deposit which will require him to return it within a month unless he gives you notice of an intent to make a claim against it.
Your lease agreement controls. If you are truly month to month, if you give statutory notice of your intent to terminate, it does not matter if you alone are leaving. Once you have done that the Landlord has a statutory timeframe to impose an appropriate lien, if any. You need to respond to that lien imposition as then required by statute.
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