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I've been on a lease for a year on a home I haven't lived in in a year...

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sbell213

Junior Member
What is the name of your state (only U.S. law)? Florida

Hello,
I have some questions regarding rental laws. I live in the state of Florida. I know tenant/landlord laws often are very specific to location, but hopefully, you may be able to give me some insight.
Last year, I was renting a house with myself and two other girls. We all paid separately every month and we all submitted a separate security deposit check. We all signed to a one year lease, the lease period being from January 31st 2013 to January 31st 2014. I got a new job and had to move, I waited until the end of the lease, seeing as I did not want to break the lease or inconvenience the girls I was living with. 90s prior to the lease ending, I gave notice that I personally will not be renewing the lease. I had to conduct this business over email with my landlord, as I was having a very difficult time reaching her on her phone and was not able to set up and sort of appointment. Email had been our primary form of contact since move in anyway. I sent her an email 90 days before the last day of the lease explaining that I will not be able to renew. I also sent her an attachment form required from my new apartment, asking for her reference for me as a tenant. This form included my name, my former address, the period of tenancy, the rental amount, and statements saying that I had no late payments and no NSF’s, as well as her reference stating that she would re rent to me. It was filled out by her, included her name and title as well. She filled it three days after my initial email and sent it back to me as well as an email acknowledging that I will not be renewing. A month later, at the 60 day point, I sent her another email, just a reminder that I would not be renewing, and stating that I wanted to be absolutely positive that my name would be taken off at the end of the lease.
At the end of the lease, I never heard from her about a walk through or security deposit refund. I wasn’t too bothered. I needed to be out of that house, and was happy to be in a new lease in a place that I was much happier in.
Fast forward to yesterday afternoon, a year later. I received a call from a lady I never met from a real estate company I never had any relations with. She stated that I owed her nearly 3 grand in late rent and check bouncing fees for my previous address. I called back and left a voicemail explaining that I did everything required of me, and gave notice at both the 90 day and 60 day period, and my former landlord had replied and made note of the fact that I would not be resigning. I asked her to please contact me back as soon as possible because I would like more information. I waited a while and got no return call, so I kept calling on the hour, hoping to catch her. Unable to get a hold of her, I waited until I got off work for the day, and called her another line. She picked up right away. I spoke to her and she told me that I was still on the lease. She informed me that I would have to sign a form stating that I forfeit my security deposit, and since I never signed that (I was never informed, and wasn’t even sure if my former roomates moved out or not. I was not kept in the loop by my landlord. I didn’t keep in contact with my roomates afterwards) they kept me on the lease without my knowledge. She informed me that my old landlord was no longer with the company, and that a new company had taken over. She stated that no new lease was drafted at the end of the old one, even though the lease was for the term of one year, and I moved out and given ample notice. She also stated that she is aware that I no longer live on the property. She said if I sign the form releasing the security deposit, than I will not owe the money. At the end of the lease I was not told that I had to do anything else, despite my multiple emails, and despite that they replied. The agent was very persistent that she email me the form and I e-sign it and send it back to her. I told her I refused to do that and wanted to meet with her in person to take care of this matter. She argued a bit and finally accepted those terms. Minutes later she sent me a text stating that she emailed me the form and if I wanted I could e-sign. I texted her back saying the time I will be at her office and told her I do not want to take care of this over the internet.
I read over the form and it states nothing about the fact that I should have been taken off the lease a year ago. It reads more like I am breaking my current lease. She also is just expecting me, yet the form requires the signatures of all three roomates, as well as five witnesses. Overall, the situation does not feel right to be. Something about signing this form feels wrong to me. I want to be off the lease, I do not like the fact that they basically paid limbo with my credit, rental history, and my name overall. I don’t like the fact that they never drafted a new lease, and that they continued to have me listed on the lease, even though they know that I had asked to be taken off and I had moved off the premises. I bare no relation to the girls I used to live with, and I do not want to be held fiscally responsible for their actions. My appointment is set for tomorrow morning, and even though I am an adult, I will be brining my father with me. I feel it is important for me to have a witness. I have physical copies of the emails as well as the form my previous landlord signed. I also don’t fully understand why there wasn’t a walk through, and why I must will my portion of the deposit away just because I decided to legally end my lease with overly sufficient notice. However, I do want to note that my aim in this situation is not to get my portion of the deposit back, but rather to protect myself, as well as my credit, and to see if they handled things legally or not. Thank you for your time, and I apologize for being so lengthy. I hope I sufficiently managed to cover the bases and not pointlessly ramble.
 


STEPHAN

Senior Member
Don't sign anything.

It looks like you should no be on the lease anymore, as you ave proper notice. Doing it via e-mail and not via letter with certified mail is risky, but as she had send you back the form, this could count as an acknowledgement. Just for you to understand, it is easy to take e-mail and one could easily attach 5 forms and notices to and e-mail that were never send or that never arrived. Proving that in court is tricky.

It all depends on what exactly is in your contract. Did it automatically renew or go into a month to month?

Why did you never care for your deposit?

In FL there does not have to be a walkthrough. If you wanted one, why did you not insist on it?
 
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sbell213

Junior Member
Thank you for responding

I never cared about my deposit because I hated living there. Basically, the HOA was insane. We signed a lease for three of us with three cars, they failed to tell us we'd only be able to park two of them. A tow truck would circle the neighborhood at least 20 times a day (and night) to get people parked in "guest" spaces. They had more "guest" spaces then resident. I took video every single night of the parking situation to prove that we had zero spaces.
On top of that it was a commute to my new job, my room-mates owed me a lot of utilities, they weren't the most clean either. I just wanted out. Really badly. I wanted to forget about that place and move on with my life. The deposit just wasn't worth it to me. I just wanted to forget I ever lived there.

I'm just worried that if I don't sign, I will be on financially responsible for the girls. I really don't want my credit hit, nor my rental history. My current lease is about to expire, and I am looking for a new place. I don't want to have bad rental history and not be able to find somewhere to live.
 

STEPHAN

Senior Member
I never cared about my deposit because I hated living there.
Wow. I never had a tenant like this were I could just keep the deposit for no reason. I am in FL, too. You want to rent from me ? ;-)

Basically, the HOA was insane.
Don't take it personal, but your posting sounds a little insane, too.

And I don't think you know what a HOA is. Did you really rent from the HOA??
 
Last edited:

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida

... We all paid separately every month and we all submitted a separate security deposit check. We all signed to a one year lease, the lease period being from January 31st 2013 to January 31st 2014 ... I waited until the end of the lease ... I gave notice that I personally will not be renewing the lease ... I sent her an email 90 days before the last day of the lease explaining that I will not be able to renew. I also sent her an attachment form required from my new apartment, asking for her reference for me as a tenant. This form included my name, my former address, the period of tenancy, the rental amount, and statements saying that I had no late payments and no NSF�s, as well as her reference stating that she would re rent to me. It was filled out by her, included her name and title as well. She filled it three days after my initial email and sent it back to me as well as an email acknowledging that I will not be renewing. A month later, at the 60 day point, I sent her another email, just a reminder that I would not be renewing, and stating that I wanted to be absolutely positive that my name would be taken off at the end of the lease.
At the end of the lease, I never heard from her about a walk through or security deposit refund. I wasn�t too bothered. I needed to be out of that house, and was happy to be in a new lease in a place that I was much happier in.
Fast forward to yesterday afternoon, a year later. I received a call from a lady I never met from a real estate company I never had any relations with. She stated that I owed her nearly 3 grand in late rent and check bouncing fees for my previous address. I called back and left a voicemail explaining that I did everything required of me, and gave notice at both the 90 day and 60 day period, and my former landlord had replied and made note of the fact that I would not be resigning. I asked her to please contact me back as soon as possible because I would like more information. I waited a while and got no return call, so I kept calling on the hour, hoping to catch her. Unable to get a hold of her, I waited until I got off work for the day, and called her another line. She picked up right away. I spoke to her and she told me that I was still on the lease. She informed me that I would have to sign a form stating that I forfeit my security deposit, and since I never signed that (I was never informed, and wasn�t even sure if my former roomates moved out or not. I was not kept in the loop by my landlord. I didn�t keep in contact with my roomates afterwards) they kept me on the lease without my knowledge. She informed me that my old landlord was no longer with the company, and that a new company had taken over. She stated that no new lease was drafted at the end of the old one, even though the lease was for the term of one year, and I moved out and given ample notice. She also stated that she is aware that I no longer live on the property. She said if I sign the form releasing the security deposit, than I will not owe the money. At the end of the lease I was not told that I had to do anything else, despite my multiple emails, and despite that they replied. The agent was very persistent that she email me the form and I e-sign it and send it back to her. I told her I refused to do that and wanted to meet with her in person to take care of this matter. She argued a bit and finally accepted those terms. Minutes later she sent me a text stating that she emailed me the form and if I wanted I could e-sign. I texted her back saying the time I will be at her office and told her I do not want to take care of this over the internet.
I read over the form and it states nothing about the fact that I should have been taken off the lease a year ago. It reads more like I am breaking my current lease. She also is just expecting me, yet the form requires the signatures of all three roomates, as well as five witnesses. Overall, the situation does not feel right to be. Something about signing this form feels wrong to me. I want to be off the lease, I do not like the fact that they basically paid limbo with my credit, rental history, and my name overall. I don�t like the fact that they never drafted a new lease, and that they continued to have me listed on the lease, even though they know that I had asked to be taken off and I had moved off the premises. I bare no relation to the girls I used to live with, and I do not want to be held fiscally responsible for their actions. My appointment is set for tomorrow morning, and even though I am an adult, I will be brining my father with me. I feel it is important for me to have a witness. I have physical copies of the emails as well as the form my previous landlord signed. I also don�t fully understand why there wasn�t a walk through, and why I must will my portion of the deposit away just because I decided to legally end my lease with overly sufficient notice. However, I do want to note that my aim in this situation is not to get my portion of the deposit back, but rather to protect myself, as well as my credit, and to see if they handled things legally or not. Thank you for your time, and I apologize for being so lengthy. I hope I sufficiently managed to cover the bases and not pointlessly ramble.
Here are links to Florida's landlord/tenant laws, the first to Florida's statutes that govern the landlord-tenant relationship, and the second to Florida's Department of Agriculture and Consumer Services, which has a summary of the law:

Florida's Landlord Tenant laws, Chapter 83: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html

Summary of the laws: http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Consumer-Resources/Consumer-Protection/Publications/Landlord-Tenant-Law-in-Florida

It appears from what you have written that neither you nor your landlord followed the procedure for terminating a lease. You needed to provide the landlord with a written notice of your intent not to renew, by mail or in person (not email), and you should have obtained a dated receipt from the landlord showing the notice from you had been received. The landlord, in turn, needed to send you a written notice within 15 days of the termination of your lease if s/he had no intention of keeping any part of your security deposit. If s/he planned to retain some or all of your security deposit, s/he needed to notify you in writing (certified mail, sent to last known address) how much of your security deposit would be kept and why.

As to responding to the new owner/landlord, you should not sign any form that says you give up your right to the security deposit. You appear to be entitled to a refund of ALL of your deposit.

Before your appointment with the new owner/landlord, you might want to consult with a landlord/tenant professional at a legal aid clinic in your area, for a personal review of the previous lease, the email exchanges, and for advice and direction on dealing with the new landlord.

Good luck.
 

sbell213

Junior Member
Wow. I never had a tenant like this were I could just keep the deposit for no reason. I am in FL, too. You want to rent from me ? ;-)

Don take it personal, but your posting sounds a little insane, too.

And I don't think you know what a HOA is. Did you really rent from the HOA??
I'd like to know how exactly I sound insane. I'm just asking for advice on a situation I shouldn't be in. My portion of the deposit was only around 300, and getting out of that living situation and never looking back meant more to me than the money. I don't see how that personal choice makes me insane. Some times, things are more important than money. This was one I felt strongly about. I had enough saved to move elsewhere, I had a better job, and was in a much better place. I didn't need the money, I was fine without it and I didn't want to drama. Also, as I stated in the main post, I'm not aiming to get that money back. This post is not primarily about the money.

I know what an HOA is. I did not rent from the HOA. I rented from Prudential Reality through a property manager. However, problems with the HOA of the neighborhood arose quickly. We were told about parking, but never told how limited. It was a huge problem for everyone who lived in the neighborhood. They were working with a tow truck company, and cars got towed at least (very least) 10 times a day.

Now if you're not going to help and you'd rather just insult my sanity and my intelligence, please post elsewhere. Replying to you is wasting my time.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Florida

Hello,
I have some questions regarding rental laws. I live in the state of Florida. I know tenant/landlord laws often are very specific to location, but hopefully, you may be able to give me some insight.


Last year, I was renting a house with myself and two other girls. We all paid separately every month and we all submitted a separate security deposit check. We all signed to a one year lease, the lease period being from January 31st 2013 to January 31st 2014

I got a new job and had to move, I waited until the end of the lease, seeing as I did not want to break the lease or inconvenience the girls I was living with. 90s prior to the lease ending, I gave notice that I personally will not be renewing the lease. I had to conduct this business over email with my landlord, as I was having a very difficult time reaching her on her phone and was not able to set up and sort of appointment.

Email had been our primary form of contact since move in anyway. I sent her an email 90 days before the last day of the lease explaining that I will not be able to renew. I also sent her an attachment form required from my new apartment, asking for her reference for me as a tenant. This form included my name, my former address, the period of tenancy, the rental amount, and statements saying that I had no late payments and no NSF’s, as well as her reference stating that she would re rent to me.

It was filled out by her, included her name and title as well. She filled it three days after my initial email and sent it back to me as well as an email acknowledging that I will not be renewing. A month later, at the 60 day point, I sent her another email, just a reminder that I would not be renewing, and stating that I wanted to be absolutely positive that my name would be taken off at the end of the lease.

At the end of the lease, I never heard from her about a walk through or security deposit refund. I wasn’t too bothered. I needed to be out of that house, and was happy to be in a new lease in a place that I was much happier in.


Fast forward to yesterday afternoon, a year later. I received a call from a lady I never met from a real estate company I never had any relations with. She stated that I owed her nearly 3 grand in late rent and check bouncing fees for my previous address.

I called back and left a voicemail explaining that I did everything required of me, and gave notice at both the 90 day and 60 day period, and my former landlord had replied and made note of the fact that I would not be resigning. I asked her to please contact me back as soon as possible because I would like more information. I waited a while and got no return call, so I kept calling on the hour, hoping to catch her. Unable to get a hold of her, I waited until I got off work for the day, and called her another line. She picked up right away. I spoke to her and she told me that I was still on the lease.

She informed me that I would have to sign a form stating that I forfeit my security deposit, and since I never signed that (I was never informed, and wasn’t even sure if my former roomates moved out or not. I was not kept in the loop by my landlord. I didn’t keep in contact with my roomates afterwards) they kept me on the lease without my knowledge. She informed me that my old landlord was no longer with the company, and that a new company had taken over. She stated that no new lease was drafted at the end of the old one, even though the lease was for the term of one year, and I moved out and given ample notice. She also stated that she is aware that I no longer live on the property. She said if I sign the form releasing the security deposit, than I will not owe the money.


At the end of the lease I was not told that I had to do anything else, despite my multiple emails, and despite that they replied. The agent was very persistent that she email me the form and I e-sign it and send it back to her. I told her I refused to do that and wanted to meet with her in person to take care of this matter. She argued a bit and finally accepted those terms. Minutes later she sent me a text stating that she emailed me the form and if I wanted I could e-sign. I texted her back saying the time I will be at her office and told her I do not want to take care of this over the internet.


I read over the form and it states nothing about the fact that I should have been taken off the lease a year ago. It reads more like I am breaking my current lease. She also is just expecting me, yet the form requires the signatures of all three roomates, as well as five witnesses. Overall, the situation does not feel right to be. Something about signing this form feels wrong to me. I want to be off the lease, I do not like the fact that they basically paid limbo with my credit, rental history, and my name overall. I don’t like the fact that they never drafted a new lease, and that they continued to have me listed on the lease, even though they know that I had asked to be taken off and I had moved off the premises

I bare no relation to the girls I used to live with, and I do not want to be held fiscally responsible for their actions. My appointment is set for tomorrow morning, and even though I am an adult, I will be brining my father with me. I feel it is important for me to have a witness. I have physical copies of the emails as well as the form my previous landlord signed. I also don’t fully understand why there wasn’t a walk through, and why I must will my portion of the deposit away just because I decided to legally end my lease with overly sufficient notice. However, I do want to note that my aim in this situation is not to get my portion of the deposit back, but rather to protect myself, as well as my credit, and to see if they handled things legally or not.

Thank you for your time, and I apologize for being so lengthy. I hope I sufficiently managed to cover the bases and not pointlessly ramble.
Added some white space for ease of reading/;)
 

STEPHAN

Senior Member
Replying to you is wasting my time.
Thank you that you did it anyway. I did not mean to offend you. And if you see my first response shortly after yours, you see valuable advice there. And questions that you did not really answer.

I also do feel that some things are more important than money. I just never had a tenant that was owed a deposit that was not interested in it. If you would have sorted that out, you would not have a problem now.
 

Just Blue

Senior Member
I'd like to know how exactly I sound insane. I'm just asking for advice on a situation I shouldn't be in. My portion of the deposit was only around 300, and getting out of that living situation and never looking back meant more to me than the money. I don't see how that personal choice makes me insane. Some times, things are more important than money. This was one I felt strongly about. I had enough saved to move elsewhere, I had a better job, and was in a much better place. I didn't need the money, I was fine without it and I didn't want to drama. Also, as I stated in the main post, I'm not aiming to get that money back. This post is not primarily about the money.

I know what an HOA is. I did not rent from the HOA. I rented from Prudential Reality through a property manager. However, problems with the HOA of the neighborhood arose quickly. We were told about parking, but never told how limited. It was a huge problem for everyone who lived in the neighborhood. They were working with a tow truck company, and cars got towed at least (very least) 10 times a day.

Now if you're not going to help and you'd rather just insult my sanity and my intelligence, please post elsewhere. Replying to you is wasting my time.
Rude children, such as you, should pay an attorney for advice. That the VOLUNTEERS of this forum were kind enough to offer you words of advice...You should say a VERY NICE "Thank You".
 

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