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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33791
Experience:  Attorney for over 15 years, landlord 26 years
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I rented a 1 bedroom apartment in Miami-Dade FL to a couple.

Customer Question

Good evening,I rented a 1 bedroom apartment in Miami-Dade FL to a couple.
It was a 1 year lease due to expire on Nov-30 of this year.
On 5-20 the tenant texted me that they will be moving out by the end of May.
10 days later they moved out.
They have a security deposit that they gave when we signed the lease.
My question is:
Were they obligated to give me a 30 day notice?
Can I deduct anything from their security deposit because they broke the lease?
By the way, they do not fit into any of the exempted groupsThank you.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  barristerinky replied 5 months ago.

If they were under a written fixed term lease, then they can't get out of it even if they did give you a 30 day notice... That is the point of a fixed term lease...it has a start date and a set end date.

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So since they are in breach of the contract, you can use their security deposit not only for damages and cleaning, but also for any delinquent rent until you re-rent the property.

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But you need to make sure to send an itemized list of damages and deductions from the deposit, including delinquent rent, within 30 days of them vacating to their last known address, which is likely the rental. I suggest sending it certified mail so you have proof of mailing.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister