FL tenant law, breaking a lease, getting money back

Improvolone

I signed a 12 month lease in FL in the middle of March. By the middle of April, I had to move to Arizona. I called my landlord and he understood that things happen and that if I am no longer living there he can't hold me to the lease. I then brought up all of the money he is holding of mine, the security deposit and the last months rent.
My assumption would be that he keeps the deposit, but since I never lived there for a "last month", that money needs to be returned to be. He was unsure, but said that he would check with the tenant law to see what needed to be done. Hes a nice guy, but I want to know the answer for myself.
I found http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm and gave it a read, but didn't find anything about money being held other than a security deposit. Does anyone know the answer and can show me how to prove it?

deadonthestreet

The general way it goes in most places is you pay rent until he rents the unit to someone else. He has to make a good faith effort to rerent the place. Security deposit should probably be returned, less whatever repairs he has to make.

I don't know the specifics of Florida law though and I could be way wrong.

NotYou

Yes, I'm also pretty sure that it's standard for you to pay rent until your lease runs out or he rents to someone else.

It sounds to me like he's being pretty nice about it. He could probably hold you to the lease if he wanted (this is assuming the lease had nothing in it for early termination. When leases do have that clause, it's usually around 3 months rent owed).

Jasconius

A landlord can hold you to a penalty for breaking a lease so it's within his rights to charge you a penalty, thereby keeping your last months rent.

So... practically speaking, he could just keep it, because there may be a fee (which might be stipulated in your lease). But if he's nice he will give it back.

Everything I've seen in Florida is 2 months penalty + deposit. Some places that are starved for tenants only do 1 month + deposit.

Improvolone

I didn't put this in the OP (don't know why) but my ex is still living at the property. Whooooole lotta drama there, but someone does live there.
So it sounds like he could fuck with me, but hes being nice. No biggie, just glad to hear something kinda definite.

Jasconius

If your ex still lives there then she has to sign a paper releasing you from the contract. Yeah, good luck with that shit.

If she doesn't, then you are still financially liable for the property if she fails to pay or vacates without notice.

So.

If she's feeling spiteful, she could just choose to vamoose and leave you with the bill.

I went through that with a college roommate, it's not fun.

What I'm saying is, it's not necessarily in the landlords power to release you from obligation (though I am not sure, that's how the place I was at did it). If she's a cosigner then she has legal ground to stand on.

NotYou

lol, that's a big thing to leave out. You're not breaking the lease, you're just trying to get removed from it. He has no reason to give you the last months rent, you need to get that from your ex.