Rent Paid in Advance

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angrytenant09

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I started renting a room out of a house with a family on August 1, 2009.

I gave them a $500 deposit and I paid the rent for 10 months in advance. I did this because I thought I would be staying there for at least a year and I knew that they were remodeling the house, so I was being nice and helping them out. Within two weeks of moving in, I was already unhappy with the living conditions and only three months later I could not handle the conditions anymore and moved out.

On top of pretty much paying for amenities that were unusable, I basically did not feel safe in the house.

At the advice of a lawyer consultation, I wrote a letter detailing the day I would be moving out, every condition that made the house "uninhabitable," saying that I am leaving the lease because of the above conditions, and my demand for the funds associated to the rent that I had paid in advance, totaling around $4,000 with the security deposit.

After I give the landlord my letter, she goes off and says that I already breached the lease twice. One was for allowing the friend to stay with me, EVEN THOUGH HE PAYS HER RENT and she verbally said he could live in my room. The other time was when I let my parents visit me for a week and they stayed in my room, however, my landlord INSISTED they stay with me so they wouldn't have to stay in a hotel. It is disgusting to me that she is now throwing my parents one week visit in my face as breaching the lease. On top of all that she says that I am still responsible for fullfiling the one year contract, that they will not give me my money that I paid in advance, and that I can sublease the room if I want my money back.

I want to see what my best plan of action should be. Should I try to hire a lawyer, should i go to small claims court, should I threaten to take them to court, and if so how do I go about that?

Any advice would be helpful.
 
What does your lease say about breaking your lease? I imagine you will owe her 30 days of rent after your notice. Beyond that she will owe you the money back but good luck collecting it. The "breaches" she mentioned are completely irrelevant or not breaches. Your parents were temporary guests and she allowed it, the other is/became a tenant the moment she accepted rent from him.

I would go to small claims court and make your case.
 
The lease didn't say anything about what to do if i was breaking the lease. I am definitely considering small claims court and i am going to be trying to at least find some sort of mediator tomorrow.
 
What were the conditions that you cited that made the place "uninhabitable"?

Uninhabitable conditions are one way to legally break a lease but many states require that the tenant follow very specific guidelines in terms of notifying the landlord (and often Code Enforcement) prior to being able to break their lease without the risk of a financial penalty. Attached are the requirements that a landlord in Florida must meet in terms of "habitable" conditions and the steps a tenant can take if these are not met:

http://www.fiu.edu/~caj/landlordtenantinformation.htm

Gail
 
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