My question involves landlord-tenant law in the State of: Florida
Here are the basics:
I rented an apartment on a 6 month lease. When I rented it i told him I might be leaving to new york in april or may. I asked if I found someone to take over he would be fine with it. He agreed.
March 31, he picks up a check for $795. Full rent for the month of April. Come April 15 i move out of the apartment and the replacement that I found moves into the apartment with a new lease with the landlord. He called and asked me to send him a copy of my airline ticket.
I mail this letter:
"I vacated the apartment at XXX on april 15. As requested I have attached my airline ticket. I am requesting that my deposit of $795 and half the month rent from april 15-30 of $424 - a total of $1219 be sent to the following address:
thank you and I wish you the best.
He sends me the following letter as a reply:
"this is a notice of my intention to impose a claim for damages in the amount of $960 upon your maintenance deposit.
Please read #6 of your lease/contract agreement.
Cleaning - $125
Laundry - $40 (sheets, blanets, towels,etc).
$165 balance now due."
I moved out on the 15th.
the lease states:
#6: "Early termination: if you vacate your residence prior to the end of the term or fail to give 35 days written notice, you agree to pay, in addition to any other sums owed to us as provided in section 3, the turnover costs (including but not limited to the cost of painting your residence, general cleaning of your residence, and a re-rental fee of $795) the full monthly installment of rent payable for the last month during any part of which you occupied the residence and the rent for the remainder of the term except for any rent we may recover by re-renting your residence."
He told me in January if i found someone that it would be fine. now he is telling look at the lease.
I was thinking of suing but I don't have his address only a p.o. box. Even if I did sue it would cost me $190 legal fees+$300 in airline tickets.
I have his phone number. And I'm not sure what I should do as my next step.
Probably suing him would get the most money back although the contract is in his favor. However, the problem with suing him is that I don't have his address. Only a P.O. Box.
So, I would have to probably hire a private investigator.
Now, am I right to sue him or does that early termination clause correct in that I do owe him 795 for early termination? I'm not sure of florida's loss since I do not see him with any monetary loss. I personally did find someone to take the apartment and continue. I did tell him I was leaving but never mailed or made a written letter.
Edit: could I sue him for 3x security deposit? I just want my original amount back though. Could I sue him the airline tickets? Private investigator? Court fees?