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  1. #1

    Default Roommates Give Up Deposit, then Demand It Back

    My question involves a security deposit in the State of: Florida

    I received a 30-day written notice from my roommates (who are not on the lease and would be considered month-to-month) saying that they are leaving at the end of the month and that their security deposit can be used for next month's rent because they are leaving one month earlier than agreed upon. We have it in writing that they forfeit the deposit, but have threatened afterwords that they might demand it back. Since it's in writing, can they legally take back what they said and get it back?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommates Give Up Deposit, then Demand It Back

    If they are month-to-month tenants and they have given proper 30 day written notice that they are leaving, they don't owe you for next month's rent.

    If you have an agreement stating that they would reside there from X to X, they are not month to month tenants, and would owe you for next month's rent.

    Which are they?

  3. #3

    Default Re: Roommates Give Up Deposit, then Demand It Back

    Quote Quoting LawResearcherMissy
    View Post
    If they are month-to-month tenants and they have given proper 30 day written notice that they are leaving, they don't owe you for next month's rent.

    If you have an agreement stating that they would reside there from X to X, they are not month to month tenants, and would owe you for next month's rent.

    Which are they?
    We had an oral agreement that they would stay for the entire year. But, since they are not the lease, I found out that they are considered month-to-month tenants. I was just wondering if they could take back what they had given us in writing?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommates Give Up Deposit, then Demand It Back

    They could try.

    That letter, however, would give you grounds to pursue damages in small claims court.

  5. #5

    Default Re: Roommates Give Up Deposit, then Demand It Back

    Quote Quoting LawResearcherMissy
    View Post
    They could try.

    That letter, however, would give you grounds to pursue damages in small claims court.
    Okay, that sounds good. Thank you very much for your help!

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