Legal Question in Landlord & Tenant Law in Florida

I moved out and had someone take my place at the house because roommate issues.I did everything right moving out of my apt. Now they wont give me my security deposit back.

Cleaned it spotless, gave keys to new tenant. I was A+ tenant. Never late on rent, no problems, nothing. Mind you this was not the best/ healthy house to live in on top of the crazy roommate. I spoke with the landlord many times and he told me that i need to collect the deposit from the new tenant myself. So I tried that and the new tenant is not paying up. Found out that the landlord did not take me off the lease like he said So my name is still on the lease. the landlord didn't do a novation.I tried calling the landlord many times after the new tenant laughed and sent me rude messages about not paying.

I need my deposit, how can I get it back and the real question is will I get it back? How can I fight this. Please help me?

Kimberly


Asked on 9/29/09, 1:58 pm

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

Did you give notice to move out as required by your rental agreement? If this is a sublease, I think you are in a difficult position if you have nothing in writing that confirms you were relieved of your obligation under the original lease. If it's not a sublease and you gave proper notice prior to vacating, the Landlord has 30 days to provide written notice or the Landlord forfeits the right to impose a claim on the security deposit. Review Section 83.49, Florida Statutes.

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Answered on 9/29/09, 6:10 pm


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