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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Landlord Won't Return Security Deposit, Claims Tenants Didn't Give Notice

    My question involves landlord-tenant law in the State of: Florida.
    My year expired 4 moths ago after that the landlord said we were free to move out whenever we were ready. The 25th of last month we did so giving notice on the 25th. He never said we were month to month jus whenever we were ready to move out yet we payed month to so I understand we would have to give a 15 day notice for a month to motnh lease. The 29th I was done wi th moving out.cleaned the house from wall to wall outside and all..evendid the yard.we called him for the walkthrough and he was appauled by how clean the house were..he even said wow we wont have to do no cleanimg or anything.we returned our keys cut off all utilities.in this process I referred him to my aunt.he approved her and mived her in the 1st. I called and asked him were our deposit was on the 14th of the following mon th.he says we breached our lease. I said our lease was expired months ago and u told us to move whenever we were ready.he said we failed to give a 30 day notice(when really we wouldve been considered month tomonth tents which requires 15 day notice.all I could say was wow.) So I look at our old lease and the last page is a paragragh in bold telling us the deposit is for repairs and cleaning only.which will be in a seoerate account.and if there are no damages or repairs then all will be refunded. So we shouldve got our deposit even is he felt we broke th e lease because of that satement above.

    Also while he did the walkthrough he didnt ask me to sign papers agreei ng no repairs or damamges was done and I never wrote a ote saing I was leaving just meet him at his office.
    I have photos and video as witnesses that the house was perfect shape. He also stated it.
    He moved my aunt in three days after with no cleaning or repairs needed. And only had rent sign up for three dyas.....can I and how can I get our deposit back??

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Won't Return Security Deposit, Claims Tenants Didn't Give Notice

    You either gave proper notice or you did not. If you did and your landlord owes you money, small claims court awaits.

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