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Robb's speaking in text we did get a text here from a tenant and tenant says that they have moved out of their apartment about a month ago and the Landlord is trying to charge them for what they consider to be unreasonable charges they're more than just simply wear and tear and they want to know what they can do about getting their security deposit back so the security security deposits are governed by Florida statute 83 49 which is a very explicit set of procedural rules about who does what concerning security deposits so when we talk about security deposits in the first instance we have to talk a little dryly about the procedure so when you're a tenant and you move out you want to make sure you leave a forwarding address because these rules get all mucked up and don't work very well unless you first leave a forwarding address you're gonna want to do that and at that point the responsibility for the landlord it is the responsibility of the landlord to take the first step regarding your security deposit meaning that within 15 days of when you depart and you've given notice as to where you're going they have to give you your money give you money back or within 30 days they have to give you a notification by certified mail that they're not giving some or all of your money back and the reasons for that if the if the landlord fails to explicitly follow that law to write that certified letter just like it's written in the statute itself send it certified within the time limits the landlord waives his right to the security deposit it's pretty important to know so if you're a tenant your job really isn't to be going oh why aren't you giving it back to me give it back to me give it back to me no your job is once they have given you you have given them an address you should be content to wait and see what happens because if time runs out on this clock you're entitled to all of your security deposit conversely once you get this letter if you haven't gotten your security deposit back you only have 15 days to object to it and if you don't guess what you waive your right to the security deposit so you got to follow these procedural things very carefully and usually this debate turns up tentatively on the issue of wear and tear normal and reasonable wear and tear landlords are always trying to charge tenants for everything gotta clean the carpet got to repaint the place and some of that stuff is appropriate and some of it isn't things that if you're living in a place for five years and at the end of five years the pay the place needs to be painted again because it got a little bit dirty that's normal wear and tear repainting it

FAQ

Is it lawful for your landlord to take the mailbox key from the tenant mailbox key spot when there are still 3 days left before your move out date? A proper notice was given, in this case, 20 days.

20 days may not be the proper notice. In California, you must give at least 30 and in some cases 60 days notice. You don’t indicate where you are living (country, city ) so there is no way to know for sure.

When tenants give landlords 30-60 day written notice that they'll pull out of the lease, are they required by law to find replacement tenants?

let me speak from the perspective of southern florida… we have multiple answersif I made the lease:if you were a nasty person to me —-then on page 8 or 9 it state’s you’ll pay 2 months worth of damages for breaking the lease. thanks for giving me the heads up. and you still won’t get your security deposit back unless I first get into the unit. and I will get the 2 months for sure.If you were human to me —-then I’ll chat with you about page 8 or 9, and ask you for reasonable access to get a tenant. most likely I’ll find one on time, and you’ll eat the commision I had to pay to get it rented and since I had access, all of your security deposit is returned because I pointed out the damage that was fixable and you fixed it.most tenants understand the issues, so they will get a replacement tenant with the right qualification, and you won’t get a bill for lease terms breakage.

What happens to a landlord who does an unlawful eviction of a tenant from a room rental in the landlord's primary residence, after the 30-day notice to vacate has passed?

So, you’re renting a room in a person’s home. I assume that the owner of the house is the landlord in this situation, though it could be some other person who has leased the entire house and is subletting one room to you.Either way, you’re not wanted in the house anymore. How did the landlord carry out an “unlawful eviction”? And what did you do to trigger that notice to vacate?If you chose to ignore the notice to vacate, both you and the landlord are on shaky ground. You, because sooner or later the landlord could (most likely) get a court order to remove you, at which time a sheriff (or other law enforcement officer) will come and escort you out of the house. The landlord because they really, really don’t want you there, and might have to appear in court in order to get you out, or takes measures that might not be legal in order to get you out.Perhaps you could sue the landlord, but that doesn’t mean that you will win. If what motivated the landlord to remove you from the house was bad behavior on your part, I would say it’s 50/50 whether your lawsuit will prevail in court. You might find yourself on the losing end of the suit and owe moneys to the landlord.Still, it’s difficult for me, or any uninvolved party, to offer valid advice without significantly more information.If you feel injured and are seeking recourse, your best advice is going to be provided by an attorney.

Can a landlord ask a tenant to leave without a thirty-day notice if there is only a verbal agreement?

Can a landlord ask a tenant to leave without a thirty-day notice if there is only a verbal agreement?As with all other legal questions, that depends on where you live.Without a lease, you technically have no right to even occupy the premises.BUT… in some states, if you’ve lived there with the knowledge and consent of the owner for a certain number of days (in Nevada, it’s 30), then you MIGHT have “squatter’s rights”, which mean you have to be evicted just like a tenant with a lease.

How many days does a tenant have to move out if the landlord is selling the property?

How many days does a tenant have to move out if the landlord is selling the property?The sale of the property doesn’t affect the lease at all. The tenant gets to stay until the end of the lease. He/she simply starts paying his rent to the new owner.As for the new purchaser: He/she is bound by the terms and conditions of the existing lease. If the lease runs until December 31 and the sale closes on March 31, The purchaser has a built-in tenant for the next 9 months.Of course the new purchaser and tenant can agree on an early exit, generally with a the owner making a payment to the tenant. Or the existing/selling landlord can negotiate with the tenant on early termination. But the tenant is in the driver’s seat. He/she does not have to move out if the landlord sells the property.However, if there’s a provision in the current lease that’s applicable in the event of the sale of the property, then that provision does apply. Otherwise, though, there’s no requirement that the tenant depart before the end of the lease.

What happens if a landlord gives a month to month tenant a 30 day vacate notice, but the tenant refuses to leave?

In the presence of a properly executed lease on file, I would think the landlord would take the very next step as spelled out in the “Failure to Perform” section of the lease.For most, that will be step 1 in a formal eviction procedure - which will vary from state to state.Without a lease on file, or in a situation where the venue does not permit M2M lease terms, or in some rent control jurisdictions, this may not be something the landlord can accomplish easily.

What will happen if one co-tenant moves out without giving the landlord a notice and the remaining co-tenant found a replacement without giving a notice to the landlord?

What will happen if one co-tenant moves out without giving the landlord a notice and the remaining co-tenant found a replacement without giving a notice to the landlord?Unless the landlord agrees to the replacement tenant, the replacement cannot live in the property, as he/she is not on the lease. The tenant allowing the replacement to live there is in violation of the lease, and could be evicted for cause.The tenant who took off did not get released from the lease, which means he/she is still legally responsible for rent, damages to the unit, etc. He is also not entitled to get his security deposit back until and unless the remaining tenant leaves the unit and leaves it properly.It is stupid for tenants to do this. Just notify the landlord that one tenant is requesting to be released, and that a suitable replacement has been found. The landlord should then (unless he’s a dick) have the replacement fill out a rental application and background check authorization. Assuming no problems, the landlord will then present the remaining tenant and the replacement with a new lease with their names on it.

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