Full question:
I have signed a standard apartment lease contract in Miami, Florida and because of a family emergency I had to cancel it within 2 days of signing it. I signed it the January 14 to move in on January 16 but on the 16th I had cancel it. I don't have the keys to the apartment and I haven't moved in. Am I entitled to my deposit back from the landlord or do I have to hold the lease agreement?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Florida
Answer:
If you cancel a lease before moving in, you may still be entitled to your deposit back, especially since you did not take possession of the apartment. Generally, if a tenant terminates a lease early and it’s not due to the landlord's fault, they might be liable for the full term of the lease. However, since you canceled quickly and did not occupy the apartment, this may strengthen your case for a refund.
The landlord must also make reasonable efforts to re-rent the property, which can affect their ability to keep your deposit. According to Florida law (Fla. Stat. § 83.49), if the landlord does not intend to claim any damages against your deposit, they must return it within 15 days after you vacate. If they plan to impose a claim, they must notify you within 30 days, detailing the reasons.
Given your situation, it’s advisable to communicate with your landlord about your cancellation and request the return of your deposit. If they refuse, you may need to seek legal advice to understand your rights further.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.