Lease renewal and security deposit - Florida

I was forced to leave Florida for my job and thus rented my house at a one-year lease with the usual first, last month's rent and security deposit paid at lease inception. About 3 months before the end of my tenant's lease, my tenant called me asking to renew as they wished to remain at my home. However, with the market being as it was they wished to negotiate at a lower rate ($150 lower per month), which I agreed to.

8 months into the second year of the lease, I receive an email and a certified letter from my tenant indicating their desire to leave the home within the next 60 days, and asking (within 30 days of drafting of the letter) for the original security deposit paid plus the $150 difference in the last month's rent (as I had lowered the rent). I am all but certain the tenant is not entitled to the $150 difference in last month's rent, but it is also my belief that the tenant is not entitled to their security deposit as they broke their renewed lease. The negotiated renewed lease took place over the phone in good faith and my tenant is a lawyer -- do I have a recourse or have I been taken for a ride?

[sunlover]

They are bound by terms of lease!

If the tenant has been renting the unit for the second lease term at the lower rate, he is entitled to that overage amount back. The last month's rent he paid has now been lowered, meaning he has overpaid for that month. The remainder of the last month's rent should not be refunded, but applied to the last month he resides in the unit. The security deposit isn't refunded until AFTER the tenant has completely vacated and you have had time to do several inspections of the unit and make any needed repairs. In FL, I believe you have 15 days after vacating to refund the full deposit if no deductions will be made, and 30 days if there are deductions from the deposit. Check FL Statutes 83.49 and 83.43 (12) to be sure. Do not refund the deposit early. Wait until this time is nearly up before sending it back. Do not be intimidated into doing the deposit statement earlier and refunding the deposit now. An attorney knows this is not proper!

Additionally, if the tenant SIGNED a new lease renewal (or the old lease auto-renewed), he would owe rent until the unit is re-rented, advertising fees, agent fees, and other unreimbursed costs. If the renewal was verbal as this one was, he didn't renew the lease, but is on a month to month agreement. An attorney would have known this too, and took advantage of you. You cannot hold him to a lease if it was all over the phone. You will have to allow him to terminate with appropriate notice and without further obligation for rent or advertising. You can only deduct actual damages from the deposit. Sorry.