Early Termination - Security Deposit

[mrsm1974]

We moved out of our rental early, in November 2009, before the lease was up (up in May 2010). We gave 60 days notice. Our landlord did not provide us with a list of damages until March 5, 2010. New tenants moved into the unit March. My question is, when is the lease terminated - when we vacated, when the landlord accepted possession of the unit (when they decided to go in and clean, make any repairs) or when the new tenants moved in? Since they had 30 days to make a claim against the security deposit, trying to figure out if they went over that 30 days or if it's March then they are fine.

I've already agreed to pay the damages that I owe (he's fighting me on other "damages" but I stand firm that it is wear and tear). If I find that he was supposed to give me 30 days notice within the move in date, can I rescind my offer of the damages in his violation?

 

[Gail_in_Georgia]

Florida law regarding security deposits:

http://www.800helpfla.com/landlord_text.html

The landlord had 30 days after you vacated (in November, 2009) to provide you with information as to the status of your security deposit.

Because they provided this months later, they now have no claim to this money.

I'm assuming (because you did receive information from them in March) that you had notified them of your new address, correct?

Gail

 

[mrsm1974]

Yes, they had our new address the week after we moved into our new place. And I have proof she had it. She went an email to the condo's management company saying we were "They were excellent tenants and are deserving of their deposit being returned to them." She means the deposit for the management co., not theirs. She then lists our new address. This was dated 12/3.

 

[mrsm1974]

How do I go about rescinding my offer of paying the damages since they are in violation of this?

 

[mrsm1974]

When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper [/B][/B]notice prior to vacating.

So....the termination of a rental agreement ends when the unit is vacated, is that correct? I am afraid he is going to counter the termination of rental agreement was when the new tenant moved into the unit in March and took over the lease.

 

[Gail_in_Georgia]

You provided your landlord with 60 days notice that you were terminating your lease (even though it was scheduled to end May, 2010).

It would appear from your posting that your landlord did not protest you breaking your lease early.

Correct?

Therefore, they agreed that the lease terminated in November, 2009.

Gail

 

[mrsm1974]

Yes, we provided 60 days notice. She seemed very cool about it, said don't worry. We'll work something out. She posted an ad in Sept. on the MLS, I posted on Craigslist, a local eNewsletter, Miami Herald newspaper and online, and posted 50 flyers around the college here.