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Landlord Holding Security of One Tenant Until the Co-Tenant Moves Out

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  • 05-06-2013, 05:54 PM
    dellvostro
    Landlord Holding Security of One Tenant Until the Co-Tenant Moves Out
    My question involves landlord-tenant law in the State of: Florida, City of Tampa

    My daughter rented a house with another co worker from Caldwell Banker in Hillsborough County Tampa. They both signed lease and split everything 50/50. The lease ends the end of May. My daughter wants to move out and the co worker wants to stay in a month to month arrangement. The agent from Caldwell Banker states that my daughter cannot get her deposit back until the co worker moves out, and that she would have to get the security deposit from the co worker.
    I find this hard to believe and find it highly questionable, unethical and illegal.
    If the terms of the lease have been met, how can they hold my daughters security deposit when she is not renewing the lease and force her to wait until the co worker moves out?

    Is this legal and do we have any recourse to fight or sue Caldwell Banker on? Appreciate any help or advise with this.
  • 05-07-2013, 03:53 PM
    Mr. Knowitall
    Re: Landlord Holding Security of One Tenant Until the Co-Tenant Moves Out
    What, if anything, does the lease say about the return of the security deposit if only one co-tenant vacates?

    Also, as an aside, given that the outcome is the same why is your daughter concerned with the landlord's proposal? Is it that her roommate doesn't want to pay the 1/2 of the deposit?
  • 05-07-2013, 04:32 PM
    adjusterjack
    Re: Landlord Holding Security of One Tenant Until the Co-Tenant Moves Out
    Quote:

    Quoting dellvostro
    View Post
    My question involves landlord-tenant law in the State of: Florida, City of Tampa

    My daughter rented a house with another co worker from Caldwell Banker in Hillsborough County Tampa. They both signed lease and split everything 50/50. The lease ends the end of May. My daughter wants to move out and the co worker wants to stay in a month to month arrangement. The agent from Caldwell Banker states that my daughter cannot get her deposit back until the co worker moves out, and that she would have to get the security deposit from the co worker.

    The agent is right.

    Quote:

    Quoting dellvostro
    View Post
    I find this hard to believe and find it highly questionable, unethical and illegal.

    It's none of that.

    Quote:

    Quoting dellvostro
    View Post

    If the terms of the lease have been met, how can they hold my daughters security deposit when she is not renewing the lease and force her to wait until the co worker moves out?

    Because the terms of the lease have not been met until the house is surrendered. That's when the deposit is refundable. With only your daughter moving out, the house is not being surrendered.

    Quote:

    Quoting dellvostro
    View Post

    Is this legal

    Yes.

    Quote:

    Quoting dellvostro
    View Post

    do we have any recourse to fight or sue Caldwell Banker on?

    No.

    As a matter of fact, the roommate has no legal obligation to give your daughter half of the security deposit.

    Your daughter's choices are either move and wait or stay until they both move out and get the deposit back.

    If you need a legal reference, the Florida security deposit law obligates the landlord to return the deposit (adjusted for damage, if any) "upon the vacating of the premises."

    See 83.49 (3) (a):

    http://www.leg.state.fl.us/Statutes/...s/0083.49.html
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