Why can't I get my "Security Deposit" back?

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ETownConcrete2G

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So, here's my situation. I found a room for rent in South Florida.

When I went to sign the lease, the Lessor has crossed off the words "Security Deposit" and above it has written the words "Half of last month's rent". He had explained that it was to ensure that our rent would be covered in case we decided to move out we would have at least 2 weeks rent pre-paid. (I guess this was to give us a "cushion"). Well I have decided to leave the house and am now trying to get that 1/2 month's rent ($200) back. He has said that I am forfeiting it as I've already paid up until September 19th.

The section of the lease in question reads, "Security Deposit (crossed out with Half of last month's rent, above it) On execution of this lease, Lessee deposits with Lessor $200, receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee, without interest, on the full and faithful performance of the provisions hereof."

So, being that I told him today, August 18th, that I'll be leaving at the end of the month, I will not be residing at this property for the "1/2 month" I was charged for. Going by that section of the lease agreement wouldn't I be entitled to that money back? I know that $200 is not a lot of money, but to me it is 1/2 a month's rent.

Thank you for any help you can offer me.
 
How much notice did the lease require be given when you wanted to vacate?

Were you renting month to month, or for a finite term, ie... 3 months, 6 months, 1 year, etc?
 
The lease is month-to-month. And there is not timeframe for notice in the lease agreement. I am intending to move out on the 31st of this month. Just another point of information, I signed the lease on August 5th, so by moving out at the end of this month, I will not have been in the residence for even one full month.
 
ETownConcrete2G said:
The lease is month-to-month. And there is not timeframe for notice in the lease agreement. I am intending to move out on the 31st of this month. Just another point of information, I signed the lease on August 5th, so by moving out at the end of this month, I will not have been in the residence for even one full month.

Just as I suspected. The notice requirements are set by state law. I think you are in Florida. If you are month to month tenancies require a 15 day notice before you can vacate without forfeiting your security deposit or a substantial penalty to your landlord. By the way, all notices must be in writing. You can't consider it legal notice if you gave it orally.

You gave notice today for departure on 31 August. That is only 13-14 days notice. That's your problem.
 
You can still give written notice and leave a few days later than planned. You don't have to leave on the 1st of the month.

Give your notice and move. If the landlord fails to return your money then go to court. He can't keep "pre-paid rent" if you aren't actually living there. A court will likely treat it just like a deposit despite his cross-out.
 
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