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Do I sue for the return of monies or am I out of luck

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Roguegram

Member
I am in Florida.
Landlord knew I was not going to fulfill one year lease as it was only interim housing until I found something better/bigger. He claimed
the lase was just legal mumbo jumbo so I signed. Now that I have vacated he refuses my calls, gave part of my money to a third party to return to me. I have keys but he rekeyed and retenanted within 2 days. We had no issues of any kind. The lease is ridiculously onerous.
Since I clearly signed a one year lease and did not give written notice am I just out the money even tho he verbally made no objection ?

What is the name of your state?
 


PayrollHRGuy

Senior Member
How long ago did all this happen? I ask because FL law has some timing issues. While he may have a valid claim on the deposit because you broke the lease he may have blown that claim because of his lack of notice.

(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
 

quincy

Senior Member
I am in Florida.
Landlord knew I was not going to fulfill one year lease as it was only interim housing until I found something better/bigger. He claimed
the lase was just legal mumbo jumbo so I signed. Now that I have vacated he refuses my calls, gave part of my money to a third party to return to me. I have keys but he rekeyed and retenanted within 2 days. We had no issues of any kind. The lease is ridiculously onerous.
Since I clearly signed a one year lease and did not give written notice am I just out the money even tho he verbally made no objection ?

What is the name of your state?
Your landlord was correct that the lease you signed was "legal mumbo jumbo." What he failed to mention is that the lease you signed is legally binding legal mumbo jumbo.

By signing a year's lease, you became committed to honoring its terms.

What do you mean by the landlord turned part of your money over to a third party? What third party? What money?
 

Zigner

Senior Member, Non-Attorney
It should be pointed out that the LL has already re-rented the property. The OP is (should be) no longer responsible.
 

Roguegram

Member
Your landlord was correct that the lease you signed was "legal mumbo jumbo." What he failed to mention is that the lease you signed is legally binding legal mumbo jumbo.

By signing a year's lease, you became committed to honoring its terms.

What do you mean by the landlord turned part of your money over to a third party? What third party? What money?
 

Roguegram

Member
He gave it to another tenant at another house to give to me.I have no car so my friend picked it up from the other tenant for me.
 

Roguegram

Member
How long ago did all this happen? I ask because FL law has some timing issues. While he may have a valid claim on the deposit because you broke the lease he may have blown that claim because of his lack of notice.

(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
 
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