Can my landlord keep my security deposit if i end my lease early in florida state?

[independence]

Florida

Hi I would greatly appreciate some advice!
I signed a lease in Florida. For personal reasons relating to health insurance in Florida. I want to end my lease early. The first thing i did was call my landlord (or the property management company) to explain my situation. She was thankfully more than understanding! And said... there shouldn't be a problem re leasing the property as the area we live is quite popular. She said to email her when we would prefer to move to ensure that replacement tenants are put in the property.

Then she hit me with....The only problem is because you are ending your lease early you will probably forfeit your security deposit!

Obviously I am very grateful to the landlord that they are willing to end my lease early. I have explained i will not abandon the property and we will move out when they have new tenants ready to move in! There is a clause in my contract that i forfeit my security deposit if I abandon the property. There is no clause in relation to what happens to my security deposit if i end my lease early.

Some advice would be appreciated

 

[STEPHAN]

In Florida there is no need for the LL to rerent the property if you move out early.

You either pay the full rent till the end of the lease or you negotiate with the LL. Unfortunately he is in a strong position.

Can you sublease the place for a while?

 

[FlyingRon]

The law is here http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.595.html

While they are in no obligation to rerent the property, if they do so, they can't just collect the rest of the rent you would have paid NOR retain the security deposit (other than to cover the loss between your moveout date and when they can get a new tenant in).

 

[STEPHAN]

The can negotiate ANY deal with OP and then once his contract is ended re-rent the place.

If they negotiate with OP that they keep the deposit they can do yo.

 

[independence]

Hi Stephan
thank you but if the law states they are not allowed to hold my security deposit in bad faith. (which is what they would be doing if they have replacement tenants in the property)
then they are in the wrong.

 

[STEPHAN]

The LL is in no need to negotiate anything. He can demand payment until the lease is up. No need to accept any other tenant. You get your security deposit back if the rental is okay. THAT is the law.

If you want to negotiate an earlier end, he can demand whatever he wants including the security deposit. It is all up to what both parties agree upon.

 

[independence]

The LL is in no need to negotiate anything. He can demand payment until the lease is up. No need to accept any other tenant. You get your security deposit back if the rental is okay. THAT is the law.

If you want to negotiate an earlier end, he can demand whatever he wants including the security deposit. It is all up to what both parties agree upon.

you are half right. But a landlord can still not hold a security deposit as punishment for a tenant wanting to end a lease earlier.

 

[FlyingRon]

The can negotiate ANY deal with OP and then once his contract is ended re-rent the place.

If they negotiate with OP that they keep the deposit they can do yo.

No. If they take possession of the property, the state enjoins them to recovering only the difference in what they would have received from him and what they net from the reletting.

They can't double dip. They can either consider the lease still in force and collect on it or they can take possession and only recover their actual deficiency.

 

[STEPHAN]

There is a clause in my contract that i forfeit my security deposit if I abandon the property. There is no clause in relation to what happens to my security deposit if i end my lease early.

You can only abandon the property. You can not end the lease early without the LLs agreement ...

I don't see nothing wrong with them keeping the deposit.

 

[independence]

You can only abandon the property. You can not end the lease early without the LLs agreement ...

I don't see nothing wrong with them keeping the deposit.

landlord has agreed to end our lease early. They are renting the property to new tenants we move out on the 7th march they move in on the 8th and the landlord has managed to obtain higher rent from new tenants.

The security deposit under florida statutes 83.49 states they cannot keep my security deposit. (unless substantial damage was caused to the property)

 

[Zigner]

landlord has agreed to end our lease early. They are renting the property to new tenants we move out on the 7th march they move in on the 8th and the landlord has managed to obtain higher rent from new tenants.

The security deposit under florida statutes 83.49 states they cannot keep my security deposit. (unless substantial damage was caused to the property)

...which is EXACTLY what you were told in post #3 above

 

[independence]

...which is EXACTLY what you were told in post #3 above

exactly! but i wasn't posting for my benefit i was posting for the benefit of Stephen who seemed to think it was okay for a landlord to keep my security deposit!

 

[independence]

No. If they take possession of the property, the state enjoins them to recovering only the difference in what they would have received from him and what they net from the reletting.

They can't double dip. They can either consider the lease still in force and collect on it or they can take possession and only recover their actual deficiency.

Hi FlyingRon
I have spoken to my landlord today. He said the cost of replacing a new tenant and security screening, tenant screening etc, will be equal to my security deposit. So he is willing to let me out my lease (as new tenants) will go into the property. but it will cost him to find a replacement for those tenants. So theoretically i forfeit my security deposit!

 

[Gail in Georgia]

How much is your security deposit?

Because you are breaking your lease, there will likely be extra costs (perhaps) in advertising the rental unit and screening potential applicants. These expenses can come out of your security deposit.

Gail

 

[independence]

Hi Gail our security deposit was 1850 equal to our rent.