Landlord is not giving back my portion of the security (sublease, lease)

[annoyedroomie2010]

long story short! I decided to move out due to issue with roommate. Me and roommate agreed upon me leaving to keep my name on the lease so i can retrieve my security deposit back at the end of the lease. She notifies landlord of my vacancy and continues to reside there and pay rent in full. I hand in keys to roommate. Months later, lease is about to expire. I submit a 30 day termination of tenancy letter to landlord (One month prior to expired lease). Landlord replies with a claim of 50% of my security (my portion) due to early termination of lease.

Am i legally able to return to the property? (i have a spare key)
did i lose my right to the security deposit when i left but name still remains on the lease?
if i left the property but my name is still on the lease and the rent was continued to be paid in full and on time, on what terms can the landlord keep my portion of the rent?


Need help urgently!

[LifeIsGood01]

Google Free Advice landlord tenant forum and ask your question there, they are usually mean people there but they know the laws.

[runswithscissors]

Here's the statute for reference. Florida law is very fair to both the landlord AND tenant.

Statutes & Constitution :View Statutes : Online Sunshine

Brief overview:

Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

This story is convoluted.

Are you sure your lease doesn't require 60 days?

If you're saying he is claiming you "terminated the lease early" by moving out but still paying rent, my GUESS is he has NO LEG to stand on. Florida law has specific language using the terminology "early termination of lease".

You need a ruling based on case law and your lease...on if you TERMINATED THE LEASE or not. IMO no. I NEVER heard of that. Does the lease say you HAD to reside there?

The property is yours to do as you wanted with it. Sleep there or not. Furthermore, the roomate told him NOT YOU.

You must object IN WRITING QUICKLY. 15 days. Don't say too much before getting actual LEGAL advise. Just send the REGISTERED LETTER objecting.

If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within 15 days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won't be returned within 30 days after the tenant leaves the dwelling. The tenant then has the right to object in writing within 15 days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out, the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money

[FlyMIA]

You left the unit, your roommate paid rent. It seems like you left the lease early no? Was the roommate also on the lease?

I assume the landlord was aware of the roommate. But if you vacated the property early, well you vacated it early. Landlord should had told you about the issue when you told him you were leaving the property before now though.

You may say but the lease was under your name. True. But assuming you did not go back there for months it was not your place anymore. The lease should have terms in how long it takes to have a default vacate.

Without knowing specific terms of the lease, specifics dates of what happened it is hard to give solid advice.

If you want to fight it make sure to reply by writing to the landlord and you contest the charges to the security deposit. Then speak to the landlord, get his side of the story and if nothing is agreed upon tell him you will go to court. If the building is owned by a company and not personally by the landlord it probably won't be worth the money for the landlord fighting your claim because a company in Florida has to be represented by an attorney. Even the owner of a company cannot represented it in a Florida Court. Remember this if the landlord shows up to court without a lawyer. Unless the landlord is a lawyer too.

[croatbob]

lol no one ever gets there securities back in miami. greedy freakin landlords. u can fight it but its a long wait in the court system

[annoyedroomie2010]

Originally Posted by FlyMIA

You left the unit, your roommate paid rent. It seems like you left the lease early no? Was the roommate also on the lease?

I assume the landlord was aware of the roommate. But if you vacated the property early, well you vacated it early. Landlord should had told you about the issue when you told him you were leaving the property before now though.

You may say but the lease was under your name. True. But assuming you did not go back there for months it was not your place anymore. The lease should have terms in how long it takes to have a default vacate.

Without knowing specific terms of the lease, specifics dates of what happened it is hard to give solid advice.

If you want to fight it make sure to reply by writing to the landlord and you contest the charges to the security deposit. Then speak to the landlord, get his side of the story and if nothing is agreed upon tell him you will go to court. If the building is owned by a company and not personally by the landlord it probably won't be worth the money for the landlord fighting your claim because a company in Florida has to be represented by an attorney. Even the owner of a company cannot represented it in a Florida Court. Remember this if the landlord shows up to court without a lawyer. Unless the landlord is a lawyer too.

We both were on the lease. I wanted to leave early due to my roommates drug habit of weed. It was smelling the house and drugs dealers coming over, i felt unsafe, so we came to an agreement that i would leave and she would continue paying the rent in full. Because she couldn't pay me my security deposit at that time, we said to leave my name on the lease so when it expires, i may retrieve it. I moved out August 1 - lease ends Oct 31. So a total of 3 months i was vacate from the property.

The lease discusses nothing about vacancy except a statement of a early termination of 1 month should we end the lease prior to the date october 31. It says nothing about 1 staying and 1 leaving. The landlord stats she has proof of my vacancy and i am sure it is just emails between me and previous roommate. However besides the roommate telling the landlord about me leaving, i still never spoke with the landlord or signed an agreement. can this email evidence withhold in court? or Do i have a valid excuse to leave if i felt unsafe?

Thank you for the help.. Looking for advise before i decide on legal action

[annoyedroomie2010]

Originally Posted by runswithscissors

Here's the statute for reference. Florida law is very fair to both the landlord AND tenant.

Statutes & Constitution :View Statutes : Online Sunshine

Brief overview:

Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

This story is convoluted.

Are you sure your lease doesn't require 60 days?

If you're saying he is claiming you "terminated the lease early" by moving out but still paying rent, my GUESS is he has NO LEG to stand on. Florida law has specific language using the terminology "early termination of lease".

You need a ruling based on case law and your lease...on if you TERMINATED THE LEASE or not. IMO no. I NEVER heard of that. Does the lease say you HAD to reside there?

The property is yours to do as you wanted with it. Sleep there or not. Furthermore, the roomate told him NOT YOU.

You must object IN WRITING QUICKLY. 15 days. Don't say too much before getting actual LEGAL advise. Just send the REGISTERED LETTER objecting.

We both were on the lease. She was the main applicant and i was the co-applicant. I wanted to leave early due to my roommates drug habit of weed. It was smelling the house and drugs dealers coming over, i felt unsafe, so we came to an agreement that i would leave and she would continue paying the rent in full. Because she couldn't pay me my security deposit at that time, we said to leave my name on the lease so when it expires, i may retrieve it. I moved out August 1 - lease ends Oct 31. So a total of 3 months i was vacate from the property.

The lease discusses nothing about vacancy except a statement of a early termination of 1 month should we end the lease prior to the date october 31. It says nothing about 1 staying and 1 leaving. The landlord states she has proof of my vacancy and i am sure it is just emails between me and previous roommate. However besides the roommate telling the landlord about me leaving, i still never spoke with the landlord or signed an agreement. can this email evidence withhold in court? or Do i have a valid excuse to leave if i felt unsafe and obtain the security deposit.

I read the links you provided, and unfortunately it sheds little light on this unique situation. My other question is if the landlord is withholding 50% of my security for early termination, then who receives the remainder half. Me or the roommate considering I have the original receipt of the security deposit.

Thank you for the help.. Looking for advise before i decide on legal action

[hurricaneMan1992]

Originally Posted by annoyedroomie2010

We both were on the lease. She was the main applicant and i was the co-applicant.

From this it sounds like the legal relationship is between your roommate and the landlord, and everything else was between you and your roommate. Of course, in that case the deposit should be returned to your roommate, not you, so the landlord may not entirely know what he/she's doing.... Assuming this case, your roommate would probably have to sign the letter if you protest (within 15 days).

I've only encountered the option of the lease having one "official" applicant and a list of other residents, or allowing a sublease, but never two or more equally responsible tenants. Think about it: if one person moves out, how does the LL know who is responsible for any possible damages? The exception is if it is a house and the landlord has a separate lease for each room. But in this case, you would be considered to have abandoned the room without formal notice when you moved out.

I'm no lawyer, but I think, unfortunately, a judge wouldn't be very sympathetic.