Florida rental law/last month's rent (house, tenants, landlord)

[rla2012]

Hello all!

we have been renting a double wide since 2009. we closed on a house last month and plan to move soon. Our rent is due the 13th each month and we just paid dec. When we moved in we paid first,last and a security deposit along with pet deposit. my question since we paid last month when we moved in as long as we move before feb 13th we are ok on our rights since our last mont's rent will cover Jan 13-feb13th
thanks

[wireyourworld]

Soumds right to me. You should also give your written 30 days notice.

[Iris14]

I wouldn't assume this. First of all, always refer to your lease. If it doesn't say anything, then maybe this will be okay; however, most places I've rented the lease has specifically stated that the last month's rent is not to be used as actual rent - I think that it is usually meant as more of a security deposit against damages. That way they can decide whether or not to give it all back to you upon move-out. But, since you have a security deposit as well, then maybe your landlord will agree? Just to be safe, I would first check with them before just not paying your rent...

[HomesickFloridian]

^That is not last months rent that's a security deposit, if not stated otherwise it is not a security but last months rent and they are legally different and for different purposes and legal descriptions. I wouldn't for one second allow it to be applied in any other such way.. A security deposit should be placed in an escrow bank account which my be interest bearing and in this case should have been for such a long term but this is by lessees request and it should not be co-mingled with the lessors personal funds. The last months rent does not subscribe to the same legal requirements as it is considered the "last months rent" and is not refundable but rather a notice to the landlord and time to prepare listing for new tenants..

The OP specifically states they paid a "security deposit and last months rent" therefore his presumption is correct but yes sufficient notification to the landlord is required on their part.

BTW I wouldn't check with your landlord as then you seem confused and ill informed thus opening up yourself to a possible rip off, review your lease if you have one, (hopefully) otherwise play it the way you are, you are correct, but go in knowing your position first and confidently informed..