Results 1 to 2 of 2
  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Question Roommate Wants Money Back Days Before Move In

    My question involves a roommate in the State of: Florida


    The roommate is my husbands brother. We just signed a lease on a 3 bedroom sfh. The roommate is not on the house lease. He did pay 1/3 of the first month rent and 1/3 of the deposit. The move in date for the apartment is May 1st. The roommate is on a power trip to say the least and wants out. Is it right to tell him he paid for the first month already but can have his deposit back or do we consider refunding it all (which I think is unfair considering the last second request). Also what kind of timeframe does he need to recieve his deposit back in?

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

    Default Re: Roommate Wants Money Back Days Before Move In

    In general, with a month-to-month lease, the agreement can be terminated on 15 days written notice. If no damage occurred, there would be no claim to the damage deposit.
    Quote Quoting Florida Statutes Sec. 83.57 Termination of tenancy without specific term.
    A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
    (1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;

    (2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;

    (3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

    (4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
    You can try to claim that he entered into an oral lease, one year in duration. (Florida law requires a lease for "for a period longer than 1 year" to be in writing. Florida Statutes, Sec. 725.01. I won't promise you that a small claims judge will agree with you. Under that theory you would also have an immediate obligation to make a reasonable effort to find a replacement roommate, so as to mitigate your damages.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: My Roommate Wants My Money, but Doesn't Want Me to Come Back
    By harpattack in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-14-2011, 01:59 PM
  2. Minors' Rights: How Can a Minor Get Money Back From a Parent and Move Out
    By rebelbuck in forum Juvenile Law
    Replies: 2
    Last Post: 12-24-2010, 03:00 PM
  3. Roommates: Getting Money Back From an Ex-Roommate
    By tabatha.clark in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-17-2010, 04:51 PM
  4. Security Deposits: Roommate Move Out Two Days into Month
    By anthonygutz in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-03-2009, 10:25 AM
  5. Breaking a Lease: Can we break lease - move out and/or get any money back?
    By forestlily in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-25-2005, 02:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources