Tampa, FL asked in Civil Litigation, Contracts and Landlord - Tenant for Florida

Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My roommate and I paid our part separate and since I gave my rights for my deposit I was told that i didnt have to pay the month of July now they say I owe them for this month. I want to know if I have a case or not

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Probably not. Your LEASE and any document you sign that modifies the lease controls, not what some clerk behind a desk tells you.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: So why didn't you add to the written agreement that you owe nothing for July? In this situation, your lease and any written, signed modifications thereto generally control. You might possibly have an argument that you were fraudulently induced to enter into the written agreement, but for the amount in dispute, it won't be worth legally fighting over. On the deposit though, I imagine you are talking about a RENT deposit, not the separate DAMAGE deposit (though in some cases, there is one deposit to cover both). If there is a separate DAMAGE deposit, and you left the place undamaged, you should be entitled to the return of same. For that issue, you must notify the landlord of your new mailing address.

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