Miami, FL asked in Landlord - Tenant for Florida

Q: Can I get deposit back?

I had to terminate my lease after only 2 1/2 months. I advised Landlord only 10 days before, but not from ill will, but just my circumstances changed financially.I get this is not my landlords fault; just did no have the money. My lease does not state that I must provide 60 days -- it does state that I must continue to pay rent until new tenant if found. Tenant was found, but i am being charged for one months rents.My lease states I should receive my deposit back, and that I cannot put it towards rent unless landlord agrees to it, which she did not . I received itemized deposit withholding letter 35 days letters (mailed 32 days after vacating). This letter is telling she used up my deposit and and I owe her the rent still. I am not given option to reply within 15 days, which i believe Florida Law states she should have provided in her letter to me. I want to give them that money.

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2 Lawyer Answers

A: You need to go see an attorney and take the lease with you. There should be at least a few landlord/tenant attorneys in your area.

A: Even if the 15/30 day notice were not followed your landlord would still be able to collect any damages caused by you breaking the lease. Damages would be any clean up that needed to be done and rent lost waiting for a new renter. If s/he is only charging one month rent you got out pretty easy. I wouldn't rock the boat on this one, but if you so choose you should contact a lawyer as soon as possible.

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