Q: Lease move out fees. Moved out on same day as move in.
I signed a lease agreement and moved out on the same day as move in. The home had a leak coming from the tub and it was leaking in all three bedrooms. Maintenance could not come out until the next day. I had movers remove all my boxes the next day and sent them a notice to vacant. My question is they sent the move out charges and i want to dispute two of them totally $1200. Damages to interior pain $750 and $450 insufficient cleaning. I have pictures of maintenance having to tear out wall to repair leaking tub drain and the condition of the home when we moved in. Should i pay fee and prevent collection to credit and fight on the back in or dispute prior to paying?
A: In order to terminate a lease in Florida, you either need consent from the LL or a basis under the Landlord Tenant Act/ Contract. In this case it appears you did not have consent. In order to have a basis under the statute, it appears you would have needed to send a 7 days notice to cure and allowed the LL 7 days to fix the issues. It appears you did not do that either. You would have to have a review of the lease contract completed, but it appears you had no legal basis to terminate and may be liable for at least part of the rent owed plus attorneys fees if this escalates. I would recommend treading carefully as to not escalate the dispute as you face significantly more exposure than $1,200.
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