tenant vs tenant security deposit claims

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stpetedr

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I signed a 1-yr lease agreement with a landlord (Miami-Dade, FL) for a house that my daughter and two other roommates shared. The girls had a verbal agreement that if one of them moved out before the end of the lease, the others would attempt to find another roommate. Nothing was said about the departed tenant still having to pay rent/utilities.

My daughter moved out six weeks prior to the end of the lease. She notified the other two roommates that she had moved out. She also sent a letter to the landlord, with her keys, stating that she had moved out.

When I received the security deposit back, the landlord informed me of the deductions, one of them being the last month's rent. The two remaining roommates did not pay it.

Some of the deductions were specific to each roommate's room so I deducted those out of the specific rommates portion of the deposit. Some deductions were in common areas of the house, so I deducted those equally out of all three deposits. I then deducted the last month's rent between the two remaining roomates and sent them the balance of their respective deposits. They are now taking me to small claims court stating that I am liable for a third of the rent/utilities after my daughter moved out.

There was no written agreement to this, even though I suggested they draw one up at the beginning of the lease. There was only the verbal agreement that if one roommate moved out, the others would find a replacement.

Do they have a claim? Am I liable for a third of the rent/utilities after my daughter moved out?
 
stpetedr said:
I signed a 1-yr lease agreement with a landlord (Miami-Dade, FL) for a house that my daughter and two other roommates shared. The girls had a verbal agreement that if one of them moved out before the end of the lease, the others would attempt to find another roommate. Nothing was said about the departed tenant still having to pay rent/utilities.

My daughter moved out six weeks prior to the end of the lease. She notified the other two roommates that she had moved out. She also sent a letter to the landlord, with her keys, stating that she had moved out.

When I received the security deposit back, the landlord informed me of the deductions, one of them being the last month's rent. The two remaining roommates did not pay it.

Some of the deductions were specific to each roommate's room so I deducted those out of the specific rommates portion of the deposit. Some deductions were in common areas of the house, so I deducted those equally out of all three deposits. I then deducted the last month's rent between the two remaining roomates and sent them the balance of their respective deposits. They are now taking me to small claims court stating that I am liable for a third of the rent/utilities after my daughter moved out.

There was no written agreement to this, even though I suggested they draw one up at the beginning of the lease. There was only the verbal agreement that if one roommate moved out, the others would find a replacement.

Do they have a claim? Am I liable for a third of the rent/utilities after my daughter moved out?
You are definitely liable to the landlord. This dispute is between you and the other roomates. It would seem to be a verbal agreement and it will likely come down to credibility. Given that it was the last month of the lease, it might be challenging to say that anyone could find a roomate to pay a month's rent - and then leave! The fact is that if your daughter moved out, she should have found a replacement.

But let's look at what you tell me - "if one of them moved out before the end of the lease, the others would attempt to find another roommate. That tells me that if they couldn't find a roomate, you would be liable for the rent and portion of utilities. I wish you luck in court but I don't think you have much of a defense.
 
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