Breaking a lease in Florida

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sas2370

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I rented an apartment with a year lease in Ponte Vedra, Florida. After 9 months my job was taking me out of the area and I asked the landlord if I could break my lease and still get my security deposit of $1200.00 back. He said I could with a 30 day notice. I started looking for a new place to live and gave a 45 day notice verbally and in writing. I didn't hear anything back from the landlord until 2 weeks before I was to move out. His wife called me to ask what day I was turning the electricity off so they could switch it back to their name. Now a month later I get a letter stating he is not giving me back the security deposit of $1200.00 and he also wants the last months rent "per the lease".

I guess my question is, Is a verbal agreement to break the lease binding? And what about the written notice? He never said he disagreed with me moving out. could this case be won in small claims court?
Thanks for help,
Sue
 
In a court of law, it is unlikely that a verbal agreement would stand up to what a lease says. While you gave your landlord written notice you were vacating, this does not negate your financial obligation to continue paying rent, either until the lease ends or your landlord finds another tenant.

A security deposit can be used to pay owed rent and damages above normal wear and tear; however, a landlord cannot simply keep the security deposit for no real reason. Your $1200 security deposit can be used toward the rent owed but not as some sort of "punishment" for breaking the lease.

Your landlord is also obligated to make an honest effort to find another tenant. In other words, he cannot simply sit back and wait the three months out until the end of your lease (expecting you to pay the remaining rent on your lease) without trying to rerent the unit. When he re-rents the unit, your financial obligation to him stops (even if this is before your lease concludes) as he cannot "double-dip" in terms of receiving rent from the both of you.

I hope this makes sense.

Gail
 
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