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Are you saying I can file for damages? I will be filing for return of security deposit plus court costs.
I wrote "in many places". According to that Florida statute you quoted it appears you are limited to:
Quote:
Statutes & Constitution :View Statutes : Online Sunshine (c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
You may also be entitled to interest on the security deposit.
(5) could be a problem for you... that is a very confusing statute...
Quote:
(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.
Did you give the 7 days written notice?
Did you request the early termination or did the landlord?
It sounds like the landlord did based on your OP, but I'm not sure of that. If the landlord requested your early termination I hope you have some written documentation of that, if so it probably gets you off the hook if it was his idea.
(5) is why I posted to this forum. I wanted to get some information in case my LL tries to say I vacated early. I did not provide 7 days written notice. The LL allowed me to break the lease early once the new tenants signed a lease agreement with him, effective July 31st. I was going to move out of the rental August 31st and LL was aware of this so he was happy I was able to move out early. He requested the termination but did not pressure me to move out. This was a verbal agreement.
I have an email from him acknowledging the fact that new tenants moved in early. I really don't think (5) applies to me because I believe the interpretation of the law wants it be about a tenant who decided on his own to vacate early. This tenant would still be responsible for rent, which I am not. Nor has my LL requested any rent.
Basically, a new lease was signed which ended my contract with the LL moving the expiration of the term to July 31st.
I agree with you that (5) should not apply since the landlord asked you to consider moving out early. The email helps substantiate that, plus he had to have signed some papers with the new tenants to make that happen, so you are probably in the clear.
(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.
The written lease states:
Quote:
Termination of lease/ rental agreement:
If this lease is based on a fixed term, pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month-to-month tenancy upon the approval of Landlord. Where said term is a month-to-month tenancy, either party may terminate this tenancy by the serving of a 30-day written notice.
The LL did not approve month-to-month tenancy which means (5) does not apply because I am no longer subject to tenancy. And I did not have to send a 30-day written notice since LL did not approve month-to-month.
I extracted old text messages from my backup and saved them as a PDF. My LL texted me on 7/20 saying he will release me from my August lease obligation once he gets a signed lease. On 7/21 he texted me saying he got the new tenants to sign the lease.
I extracted old text messages from my backup and saved them as a PDF. My LL texted me on 7/20 saying he will release me from my August lease obligation once he gets a signed lease. On 7/21 he texted me saying he got the new tenants to sign the lease.
Would I be able to use text messages in court?
I would use them. I did find an article on using text messages in court. It goes into a lot more precautions than I think you would need to worry about. But, here it is:
Looks like you should also take your phone with you to court. You could give the judge the printouts and also offer to let him/her look at them on your phone.
If you lose your case, you can appeal, and in that case you can subpoena the texts straight from the phone company.
But, I bet the landlord won't deny it anyway, so I wouldn't bother with subpoenaing the records for your initial court appearance.
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