Breaking Lease what happens to Security Deposit

[yponce]

Hello I live in Florida and planning to break my lease early. I just re-signed my lease so I have almost a entire year left. I have read over the lease and understand that I am liable for the rent until a new tenant is found. I plan to repaint the place (because I had painted it a different color) and fully clean up the place. I even plan to find a new tenant myself. However this is my problem. I read in the tenants rights handbook that a landlord cannot keep your security deposit because breach on lease; he can only deduct for damages. However when I presented this to my landlord in a letter he informed me that they NEVER return deposits when people breach a lease. Then he mentioned that it didn't matter because when they deduct for preparing the apartment that it will all add up to the deposit anyways. I gave a deposit of $1250. If I repaint the place myself can they deduct for repainting the place? I am confused. I understand that I am breaking my word but why should they keep $1250 if I am trying to do all the work myself like posting adds in the newspapers. Also my bathtub has been needing re-painting for over half a year. After promising several times that they would come an fix it they never did. Now they say that they wont fix it until I move out. But I can't show the apartment with the bathtub the way it is; it is disgusting! Please HELP. WHAT ARE MY RIGHTS ON SECURITY DEPOSIT.

 

[rentertoo]

I hope you HAVE NOT made any plans to move yet!!!

YOU are living in the WORST state in America for tenants.....

YOU should NOT be worrying about your security deposit....

YOU REALLY should be worrying about paying rent for the next 12 months....no kidding Florida law gives the landlord the option to DO NOTHING, leave the apartment totally vacant, and sue you each month for the rent.


Now what do think????????


YOU want something from the landlord YOU are going to have do the work!

YOU are going to find a new tenant to sign a new lease with the landlord and YOU will be off the hook.

Also the deposit can be used for rent and damages, so dont plan on geting any of it back, since the landlord will repaint the apartment, anyway.

UNLESS you get it in writing the landlord will not charge you again for repainting.

Your reasons for moving better be very very good, like the new job pays $10,000 a year more.

IF you find qualified tenants say 2 or 3 that make enough money to rent, and the landlord refuses to rent, then you would have just cause to demand the landlord terminate the lease without penalties. But then a judge will have to decide that, so keep your reciepts takes lots of pictures before you move , do a walk through with the landlord, noting all damages.

And prepare yourself for court.

 

[yponce]

I must be reading the wrong Florida Tenants Rights book because according to what I have read the Landlord can't sit on his a?? he must make the same efforts to re- rent the place as he does in all his other apartments. Also they are not allowed to take rent from the security deposit.

Anyone out there with some knowledge of Florida Tenants rights when it comes to Security Deposit and breaching a lease?

 

[rentertoo]

He must make an effort, but he does not have to re-rent it....you can always find something wrong with tenants...... see the difference?

But if you can prove he rented other apartments first then you could have a case.

And so what about the security, you are still going to pay the rent, until it is rerented anyway. And you did paint the place without the landlord's approval.

So It all goes back to YOU..YOU have to do the work!

 

[yponce]

Actually I had permission to paint as long as I paint it back. I spoke to the Landlord and I will get my deposit if there is nothing wrong with the apartment (because that is Florida Law). True they can deduct rent while the place is vacant but if I can back even $100 of my $1250 deposit then at least is something! Thanks for your time

 

[rentertoo]

BUT did you have permission in writing?

See they know how to screw you. NOTHING in writing....NOTHING......

It's like YOU giving the landlord a BLANK CHECK!

Just dont get pissed if they put in an amount you dont like....and it will be for MORE then your deposit!!!!