Florida - Landlord refuses to return security depost and last months rent

I have been in an apartment for 4 months out of a 1-year lease and have had issues with the landlord since the day I moved in to the place. I have had a problem with cockroaches (apparently there is an infestation elsewhere in the apartment complex), repairs or maintenance that were promised to be done but were not, uninformed entry into my apartment, missing personal property and potential mail theft (landlord has a community mailbox for all 9 apartments with the key left in the lock at all times). I have tried to deal with these issues in an amicable matter, but the landlord really is tough to deal with in general.

I decided that I needed to move, also using the excuse that my recent hospital stay has left me with bills that exceed my financial capacity were I to continue with the lease. I informed my landlord of my intentions, stating first and foremost that the main reason I needed to leave was due to the financial situation, but also mentioned the unresolved problems that have been frustrating me throughout my stay at the apartment. There are no provisions in my lease dealing with early termination so I am wondering if I have any legal right to my security deposit and last months rent. I gave the landlord notice on August 7th and the apartment is paid up to August 19th.

[OHlandlord]

You cannot break your lease over repair issues if you have not thoroughly documented the problems and the steps mangement took or failed to take on each. Have you sent all repair requests in writing by CRRR to the LL? If not, how can you prove you made those requests? Please, put all request in writing and keep a copy. Without proof of these, you cannot convince a court that management didn't fix the items. Even if management failed to fix items, the court usually holds that you should have taken advantage of other leagl remedies (like rent withholding or repair & deduct) before you can legally break a lease.

Mailboxes are not required to be locked in most states. (The post office does not require this anywhere that I know of.) Leaving them unlocked may even be a request by the mailperson so he can fit bulkier items in the boxes that he can't get in the slots. If you need a secure box, you need to rent a P.O. box. The LL only has to provide a mailbox.

I don't know what state you are in. But 19 states do not require prior written notice to enter your unit. If you are in one of these states, unless there is a local law/statute on this, he is not breaking a law by entering without notice. You would have to look up state specific law, not a general site that says "A LL must give 24 hours written notice prior to entering." Although there are many sites that tell tenants this, it simply isn't a statute everywhere. They say this because generally (in the other 31 states) this is required.

I'm afraid that nothing you posted (with the possible exception of the notice to enter), including your financial situation, is just cause to break your lease. Without just cause, the LL can and will hold you responsible for the rent until that unit is re-rented. You will also be responsible for any utilities which would have been your responsibility, the costs to advertise the unit, any costs the LL suffers by way of breaking your lease (like credit checks on another tenant), etc. These damages (plus any physical damages to the unit) can be withheld from the monies he has on file for you.

Additionally, tenants usually must give 30 days written notice to vacate. You haven't even done this. If you plan on leaving the 19th, you have only given 12 days of notice. You will be responsible for at least the other 18 days rent for failure to give proper notice. Your last month's rent will be used to cover this, no doubt. That only leaves 12 days rent left in your last month's payment. By the time he deducts damages, cleaning, utilities, rent until re-rented, you would be lucky to get anything back. He will send you an itemized statement within 30 days (more or less according to your state law) showing what he kept out of your deposit.

I'm sorry, but you have failed to document the problems and you do not have a legitimate reason to break this legal contract with your LL. You do have a legal right to those monies, but only what is left after the LL takes his legal deductions after you break your agreement. If the LL fails to send his itemized statement on deposit deductions, you may be able to get the entire deposit back. But you would probably have to take him to court to get it.