Legal Question in Landlord & Tenant Law in Florida

Won't let me out

I had lived for three years in the same apartment, paid my rent on time every month for three full years. When it was time to let the company know I was not going to resign a lease, the local office management refused to accept my repeated notices. The lease had my name and another persons name on it and because the other party is in prison and unable to sign the intent to vacate, the rental company would not accept my notices. I informed them that I was leaving at the end of my lease period none the less. I did leave and now they are withholding my $1000.00 security deposit and are trying to collect an additional $2000.00 for 60 days rent because i did not give notice. I tried more than once and they simply told me they could not accept it unless the other party signed. I don't know how they expected us to sign another lease as the other party is in prison. They have also already moved in another renter and I have only been gone 9 days. Do I have any rights in this?


Asked on 6/09/04, 9:11 pm

1 Answer from Attorneys
Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: Won't let me out

DISCLAIMER: Each case turns on its' own particular merits, the discussion here reaches only generalities. No attorney-client relationship established by this response. Do not rely on this as final legal advice, but consult with a local attorney for legal guidance for your particular situation.

That being said, here are some of the issues that immediately come to mind:

1) What does the rental agreement say? While Florida's Landlord / Tenant Act affords both the LL and the T certain protections, you can effectively give up, most, but not all, protections by the contract. Some provisions in leases are void from the very beginning, as being against public policy, and have no effect against you.

2) Notice: According to the fact pattern you gave, the landlords have been given ample notice of your intent to surrender the premises. Surrender generally becomes effective when you return the keys to the place. From that moment on, a clock starts ticking and the LL's have 30 days within which to file a claim against your damage deposit or return it in full, after which time they may be liable for penalties if the damage deposits are wrongfully withheld.

3) Do you have documents to prove all your contentions?

4) Ultimately, your best bet is to consult with a local attorney who is experienced in this kind of law. You might take into consideration the expense of an attorney versus fighting the case, even though if you win you MAY be able to recover your legal costs. Even though it may be a pain, it may be less expensive in the short run simply to pay the excess money and be done with it, even though they are in the wrong. Why? Because even if you are in the right, it will cost you $$$ to fight it.

Good Luck to you sir.

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Answered on 6/10/04, 5:04 pm


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